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Agenda 04/27/1999 R .- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ AGENDA Tuesday, April 27, 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 PRESENT A TION 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 COMMlSSIONERS), 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 EXPLANA TION TO THE COUNTY ADMINISTRA TOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION - Pastor Dwight Powell, New Hope Ministries 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. c. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES A. April 2, 1999 - Emergency meeting. - 1 April 27, 1999 S. PROCLAMA TIONS AND SERVICE AWARDS A. PROCLAMA nONS - 1) Proclamation proclaiming week of May 2-8, 1999 as Be Kind to Animals Week. To be accepted by Mr. Terry Tilley, Executive Director, Human Society of Collier County and Ms. Jodi Morelock, Director, Domestic Animal Services 2) Proclamation proclaiming the week of April 26-30, 1999 as Volunteer Services for Animals Week. To be accepted by Ms. Melanie Fields and Ms. Gisela Rowley, Domestic Animal Services, Collier County . . 3) Proclamation.proclaiming Saturday, May 1, 1999 as Paint Your Heart Out Day. To be accepted by Mr. John Schallert, President, Painting and Decorating Contractors Association; Mr. Whit Ward, Executive Director, Collier Building Industry Association; Mr. Bill Brigham, Board Member, Collier County Banking Partnership/Busey Bank; and Judge Franklin G. Baker, Circuit Judge, Collier County 4) Proclamation proclaiming the month of May as Teen Pregnancy Prevention Awareness Month. To be accepted by Ms. Jodi Bisogno, Teen Pregnancy Coordinator, Collier County Teen Pregnancy Prevention Community Initiative 5) Proclamation proclaiming May 1, 1999 as Law Day U.S.A. To be accepted by Mr. J. Michael Coleman, President of Collier County Bar Association 6) Proclamation proclaiming the month of April, 1999 as Conservancy Volunteer Month. To be accepted by Ms. Sharon Truluck, Human Resources Director, The Conservancy of Southwest Florida 7) Proclamation proclaiming the week of May 2-8, 1999 as National Tourism Week. To be accepted by Mr. George Percel and Mr. Joe Dinunzio, Co-Chairmen of Tourism Alliance 8) Proclamation proclaiming Hispanic Heritage Day in Collier County. B. SERVICE AWARDS 1) Gail Watson, Library - 20 Years 2) Pat Lehnhard, Budget - 15 Years 3) Phil Cramer, Water - 15 Years 4) Warren keyes, Road and Bridge - 15 Years 5) Louise J. Bergeron, Library - 10 Years 6) Ron Holder, Facilities Mgmt. - 5 Years 7) Robert Wheeler, Water Dept. - 5 Years C. PRESENT A TIONS 6. APPROV AL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS 8. COUNTY ADMINISTRATOR'S REPORT - 2 April 27, 1999 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) CONTINUED FROM THE 4/13/99 MEETING: Accept the 1999 Standard Tourism Agreement between Collier County and the Naples Area Chamber of Commerce. -- 2) CONTINUED FROM THE 4/13199 MEETING: Accept the first amendment to the 1998 Tourism Agreement between Collier County and the Tourism Alliance of Collier County. B. PUBLIC WORKS 1) CONTINUED FROM THE 4/13/99 MEETING- Approve an Agreement between the County and U.S. Home Corporation (USHC) for Median Landscape Improvements on CR 951 adjacent to Naples Heritage Golf and County Club (NHGCC). 2) Recommendation for a Speed Limit Reduction from fifty-five miles per hour (55 MPH) to forty-five miles per hour (MPH) on Vanderbilt Beach Road (C.R. 862) from Oaks Boulevard easterly for a distance of one and one-half (1-112) miles. 3) Considerations regarding additional T-Groin Construction along Big Marco Pass and the dredging of the entrance to Collier Bay. 4) Adopt Three (3) Resolutions authorizing the Acquisition by Gift, Purchase or Condemnation of Fee Simple Title Interests andlor Perpetual, Non-exclusive, Road Right-of-Way, Sidewalk, Utility, Drainage, Maintenance and Temporary Driveway Restoration Interests by Easement for the construction of the Four Lane Improvements for Golden Gate Boulevard between c.R. 951 and Wilson Boulevard, CIE No. 62. C. PUBLIC SERVICES 1) Review of documents necessary to create a Collier County Community Health Care Committee. D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR. 1) Presentation of the "Organization Climate Survey" Initiative 2) Board Authorization to prepare and advertise an Ordinance to Re'impose and Extend the Six Cent Local Option Fuel Tax and negotiate an Interlocal Agreement with the City of Naples in order to provide a formula for the distribution of the proceeds of such tax. F. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT - A. Recommendation to settle personal injury claim of Clabel Julien for $23,500 plus fees associated with mediation (approximately $450) and recommendation to settle personal injury claim of Celeste Boliva for $39,250 plus fees associated with mediation (approximately $450). 3 April 27, 1999 B. Invitation by the Board of County Commissioners to elected government officials in Collier County to adopt additional and more stringent ethical standards of conduct. 10. BOARD OF COUNTY COMMISSIONERS A. CONTINUED FROM 4/13/99 MEETING: Appointment of members to the Health Facilities Authority. B. A Resolution of the Board of County Commissioners of Collier County, Florida, opposing Section (6) of CS/SB940 (Senate Bill 940) filed with the Florida Legislature which would limit home rule authority of local government to regulate outdoor advertising signs located adjacent to any part of the state highway system, in their geographical boundaries. C. Request to waive entrance fees for the Silver Slam Tarpon Tournament (Commissioner Carter. 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS I) Agreement for election services with the City of Naples. 2) Recommendation to approve the COPS Universal Hiring Program Additional Officer Request Form. B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIA TEL Y FOLLOWING STAFF ITEMS .- 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) PUD-83-26(2) Robert Duane of Hole, Montes & Associates, Inc., representing Olde Cypress development Ltd., a Florida Limited Partnership, requesting a rezone from PUD to PUD having the effect of amending the Woodlands PUD for the purposes of renaming the PUD from The Woodlands PUD to the Olde Cypress PUD, adding permitted uses of personal storage facilities and motelslhotels and revising certain development standards for property located on the north side ofImmokalee Road (C.R. 846), east ifI-75, in Section 21, Township 48 South, Range 26 East, Collier County, Florida, consi.sting of 500+ acres. 2) THIS ITEM HAS BEEN CONTINUED INDEFINITELY. R-99-01, Geoffrey G. Purse of Purse Associates, Inc., representing Sunset Harbor Club, requesting a rezone from C-4 to RMF-12(8) for property located on U.S. 41 East at the northwest corner of Port-of-the-Islands Phase One (Sunset Cay) in Section 9, Township 52 South, Range 28 East, Collier County, Florida, consisting of 6.85::t acres. 3) PUD-93-0I(4), George L. Varnadoe of Young, van Assenderp & Varnadoe, P.A. representing WCI Communities L.P. for an amendment to the Pelican Marsh PUD for the purposes of adding specific regulations for boundary and project signage; making provisions for fifty (50) special residential dwelling that may 4 April 27, 1999 function as rental units in conjunction with the hotel or golf course; and revising the authorized amount of commercial development in the activity center district for property bordered on the west by Tamiami Trail North (U.S. 41), on the east by the future Livingston Road, and on the south by Vanderbilt Beach Road in sections 25,27,34,35, and 36, Township 48 South, Range 25 East, Collier County, Florida, consisting of 2072.88 :t acres. (COMPANION TO DOA-99-01) C. OTHER I) DOA-99-01 George L. Varnadoe of Young, van Assenderp & Varnadoe, P.A. representing WCI Communities L.P. for an amendment to the Pelican Marsh Development of Regional Impact (DRI) Development Order No. 95-01, as amended, for the purpose of increasing the authorized amount of retail Door space by 57,500 square feet of GF A, an increase of fifty (50) hotel rooms, and a reduction in medical office space of 25,000 square feet ofGFA, for property bordered on the west by Tamiami Trail North (U.S. 41), on the east by the future Livingston Road, and on the south by Vanderbilt Beach Road in Sections 25,27,34,35,& 36, Township 48 South, Range 25 East, Collier County, Florida, consisting of2072.88+ acres. (COMPANION TO PUD-93-01-(4)) 2) Approve an ordinance amending Ordinance 92-60, as amended, providing for additional uses of tourist tax revenues for categories A,B,C, and D and to remove the guidelines. 3) An Emergency Ordinance amending Collier County Ordinance No. 98-74, The Collier County Fire Prevention and Protection Code; amending Section Two B(3), Permits and Approvals and Section Two D(I), Open Outdoor fires, Incinerators, Outdoor Fireplaces, by proscribing campfires and other defined fires and the sale and use of fireworks during a declared drought emergency; providing for declaration of emergency; providing for inclusion in the code of laws and ordinances; providing for conflict and severability; and providing an effective date. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to he routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a mem ber of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to approve the recording of the final plat of Jasmine Lake and approval of the performance security. 5 April 27, 1999 2) Request to approve for recording the final plat of "Madison Estates" and approval of the performance security. 3) Request to approve for recording the final plat of "Walgreens - DavislAirport Commercial". 4) Request to approve for recording the final plat of "Riverchase Shopping Center First Addition" and approval of the performance security. 5) Request to approve for recording the final plat of "Whispering Woods" and approval of the performance security. 6) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Sienna at Southampton" 7) To approve a budget amendment to hire a Planning position in the Comprehensive Planning Section of the Planning Services Department. B. PUBLIC WORKS I) Approve Work #CDM-FT-99-5 for the United States Environmental Protection Agency (USEP A) Accidental Emission Release Risk Management Program - Phase 2 at County Water and Wastewater Treatment Facilities, Project No. 70027. 2) Approve a Budget Amendment for the purchase of a trackhoe. 3) Approve Supplemental Agreement No.6 with CH2M Hill for the Pine Ridge Road Improvement, Project No. 60111; CIE 41. 4) Approve Change Order No.2 (Final) to Contract No. 98-2845, Bluebill Park Buffer Planting. 5) Approve Pine Ridge Road Right-Of-Way Acquisition Appraisal Agreement. C. PUBLIC SERVICES I) CONTINUED FROM 4/13/99 MEETING: Approve agreements with performers for Jazz Festival. 2) Approve the purchase of a new phone system for the Immokalee Parks utilizing reserve funds and recognize insurance claims and private donations. D. SUPPORT SERVICES I) Approve Security Measures at the Medical Examiner's Office and the Main County Courthouse 2) Purchase of Three (3) Medium-Duty Advanced Life Support Ambulances from Aero Products Corporation Using City of Jacksonville Bid SC-0384-98 3) Approval and Execution of Satisfactions of Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees 4) Interaction Between Professional Consultants and County Officials 6 April 27, 1999 5) Bid for temporary labor E. COUNTY ADMINISTRATOR I) Budget Amendment Report 2) Approve the selection of a Commercial Bank to secure a $10 Million line of credit to fund construction of the North Naples Regional Park and other future Capital Construction needs. F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed H. OTHER CONSTITUTIONAL OFFICERS I) Recommendation that the Board of County Commissioners approve the use of Confiscated Trust Funds to provide matching funds for a Federal Grant. 2) This item has been deleted. 3) Department of Finance and Accounting seeks authorization to file the State of Florida Annual Local Government Financial Report for the Fiscal Year 1997- 1998. 4) Request to transfer funds from Circuit Court costs to the Public Guardianship Fund. I. COUNTY ATTORNEY I) To authorize the County Attorney to publish notice of public hearing on a proposed ordinance, mandated by Florida Statute, to establish maximum rates for towing and storage of vehicles in instances where the towing and storage is not authorized by the owner of the vehicle or by any other authorized person. 2) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition on parcel no. 530 in the lawsuit entitled Collier County v. David R. Clemens and Lucille C. Clemens, et aL, Case No. 98-1393-CA (Livingston Road Extension, Golden Gate Parkway to Radio Road). 3) Recommendation that the Board of County Commissioners approve the Stipulated Order as to costs relative to the easement acquisition on parcel no. 151 in the lawsuit entitled Collier County v. Ronald Bender and Michele J. Bender, Trustees Under That Certain Declaration of Trust Dated the 1.,11 day of May, 1991, et aL, Case No. 98-1394-CA (Livingston Road Extension, Golden Gate Parkway to Radio Road). 4) Recommendation that the Board of County Commissioners approve the Stipulated Order as to costs relative to the easement acquisition on parcel no. 148 in the lawsuit entitled Collier County v. Ronald Bender and Michele J. Bender, Trustees Under That Certain Declaration of Trust Dated the 1.,11 day of 7 April 27, 1999 May, 1991, et aL, Case No. 98-1394-CA (Livingston Road Extension, Golden Gate Parkway to Radio Road). 5) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition on Parcels Nos. 117B and 517 in the lawsuit entitled Collier County v. Doane-Kempfer Joint Venture, etaL, Case No. 95-5071-CA-TB (Vanderbilt Beach Road Extension- Four-Ianing Project). ,- J. AIRPORT AUTHORITY 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. A. Petition SV-99-1, James McVey representing Park Central Developers of Naples, Inc. requesting a 5 foot variance from the required setback of 15 feet established for signs to 10 feet along Airport Road and YMCA Road for a ground sign located at that intersection. B. Petition CU-96-0IE, Thomas Peek, P.E. representing Naples New Haitian Church of the Nazarene, Inc. requesting third extension of a conditional use for a church in the RSF-3 residential single family zoning district for property located on the east side of Bayshore Drive at Republic Drive. C. Petition V AC 99-005 to vacate a 2,S' wide portion of the platted 7.5' wide drainage easement on Lot 4, Block E, "Kensington Park Phase Two", as recorded in Plat Book 25, Pages 82 and 83, Public Records of Collier County, located in Section 13, Township 49 South, Range 25 East. D. CONTINUED FROM THE APRIL 13, 1999 MEETING. Petition PUD-98-21, David H. Farmer, of Coastal Engineering, Inc. representing The Club Estates, L.C., requesting a rezone from "PUD" to "PUD" Planned Unit Development in order to merge the Club Estates PUD (Ordinance 97-69) and The Casa Del Sol PUD (Ordinance 89-70) to create a new PUD known as The Club Estates PUD for property located on the west side of c.R. 951 approximately one mile north of Rattlesnake Hammock Road, in Section 10, Township 50 South, Range 26 East, Collier County, Florida, consisting of 254.7 :t acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 8 April 27, 1999 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING APRIL 27. 1999 ADD: ITEM 8(E)(3) - REQUEST TO AUTHORIZE THE CHAIRWOMAN TO SIGN A LETTER TO JANA WALLING IN RESPONSE TO THE SHERIFF'S LETTER OF APRIL 22, 1999 - APPEAL OF SHERIFF'S BUDGET FOR FISCAL YEAR 1998-1999. (COUNTY ADMINISTRATOR'S REQUES1). ADD: ITEM 9(0 - REQUEST FOR BOARD DIRECTION PERTAINING TO COLLIER COUNTY V. BARRON COLLIER PARTNERSHIP, CASE NO. 99-362-CA (WRIT OF ASSISTANCE/SITE L/LANDFILL SITE ACQUISITION PROJEC1). (COUNTY ATTORNEY). ADD: ITEM 10m) - DISCUSSION OF CITY OF NAPLES CONCERNS REGARDING ROCKS ON THE BEACH. (COMMISSIONER MAC'KIE). ADD: ITEM 10(E) - DISCUSSION REGARDING THE APPOINTMENT OF DA VID GUGGENHEIM TO THE COMPREHENSIVE PLAN STANDARDS AD HOC COMMITTEE. (COMMISSIONER CARTER). CONTINUE: ITEM 8(C) (1) TO MAY 11. 1999 MEETING: - REVIEW OF DOCUMENTS NECESSARY TO CREATE A COLLIER COUNTY COMMUNITY HEALTH CARE COMMITTEE. (STAFF'S REQUES1). CONTINUE: ITEM IO(A) TO MAY 11.1999 MEETING: - APPOINTMENT OF MEMBERS TO THE HEALTH FACILITIES AUTHORITY. (COUNTY ATTORNEY'S REQUES1). CONTINUE: ITEM 12(8)(3) TO MAY 11.1999 MEETING: PUD 93-01(4), AMENDMENT TO THE PELICAN MARSH PUD FOR THE PURPOSES OF ADDING SPECIFIC REGULATIONS FOR BOUNDARY AND PROJECT SIGNAGE; MAKING PROVISIONS FOR FIFTY SPECIAL RESIDENTIAL DWELLING THAT MAY FUNCTION AS RENTAL UNITS IN CONJUNCTION WITH THE HOTEL OR GOLF COURSE; REVISING THE AUTHORIZED AMOUNT OF COMMERCIAL DEVELOPMENT IN THE ACTIVITY CENTER DISTRICT (COMPANION TO ITEM 12(C)(1). (PETITIONER'S REQUES1). CONTINUE: ITEM 12(C)(1) TO MAY 11.1999 MEETING: DOA-99-01 AMENDMENT TO THE PELICAN MARSH DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER NO. 95-01 FOR THE PURPOSE OF INCREASING THE AUTHORIZED AMOUNT OF RETAIL FLOOR SPACE BY 57,500 SQ. FT. OF GFA, AN INCREASE OF FIFTY HOTEL ROOMS AND A REDUCTION IN MEDICAL OFFICE SPACE OF 25,000 SQ. FT. (COMPANION TO ITEM 12(B)(3). (PETITIONER'S REQUES1J, CONTINUE: ITEM 17m) TO 5/11 MEETING: PETITION PUD 98-21, THE CLUB ESTATES. L.C., REQUESTING A REZONE FROM PUD TO PUD PLANNED UNIT DEVELOPMENT IN ORDER TO MERGE THE CLUB ESTATES PUD AND THE CASA DEL SOL PUD. (PETITIONER'S REQUES1J, -- PRO CL. A MAT ION WHEREAS, we have been endowed not only with the blessings and benefits of our animal friends who give us companionship and great pleasure in our daily lives, but, also with a firm responsibility to protect these fellow creatures with whom we share the Earth from need, pain, fear, and suffering: and, WHEREAS, we recognize that instilling attitudes of kindness, consideration, and respect for all living things through humane education in the schools and the community helps to provide the basic values on which a humane and civilized society is built: and, ---- WHEREAS, the people in this community are deeply indebted to their animal care and control agencies for their invaluable contribution in caring for lost and unwanted ~nimo.(~a'!~e';Pf11~ting a true working spirit of kindness and conslde~afMh 'foriinliifbls/n the minds and hearts of all people: and, '>.;.;;'> .. -.,-------,,'------- M~<:>,(?->::... .','_.- ',.._'- _,::t..,:::'::':::=:-;,_-" ..:::;;~,: -~ WHEREAS, thefir;sZ'ul( week of M(1.Ylfas8ee~~e~'~~f0~~~nual celebration of th~fl(Jtl()~al week 9bserving <the philosophK~~l<:iti'd(less to animals for t~e~-!tyear. . ,:",;' "'"r" ;; . .- -, '.' -,' -"f. "",-.,,- ....,'<;... ,. : ',.';/ - ..d:"~ .... NOW THEREF~~~be it prq~/a/medQythe'lJodrd~ftoun ..'7.}/ssioners of CollierCounty,Florida, thcrtMQy2; 8,i999 b~.8e'Stgnated as I:':,.:.'-""'> ;" ,:\':,' ,:- -~ -':::.<\::::.,...:"\.. "-" i):"H!::' :~(](::::,):: ,.,. .- .. " .:,. '. '," ....', :'<.::- BE KIND TO ANIMALS WEB" ';':}:{:f-iY''};:.''(::::;:: '" .'. /V"V\4 -; ,. ';"':,"":::';-":""':.:'-:"'::"""-',-:'- ,.,-, ....-.,.. .......,......... . ana.(llih~4f'.tily commend to allour;pitiz?:, the~~~ht'sr:'Otlll;heret()iJfth7"S ~~tnm~1 >::..;:,.::):'),'::-,:..':f'::t:':,.: \>:,"}::;":?,':'::}:,:,:,;;::,,:}\::::: DONE AND ORDEREDWS2!JI1 D~W' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~.~ PAMELA S. MACKIE, CHAIRWOMAN ATTEST: DWIGHT E BROCK, CLERK ----, AGENOA_IJEf'1 No.~__L APR 2 7 1999 J Pg '__.~ ._ ....l,'~l:~~jt!-t;~ ,.--- WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, ,- PROCLAMA TION Volunteer Services for Animals was formed in April, 1982, seventeen years ago this month, with the expressed desire to assist the County in its shelter for homeless and stray animals-' and, since that time, the mission of Volunteer Services for Animals has been to promote adoptions and provide comfort for the animals housed at the County shelter; and, Volunteer Services for Animals donates in exceSs of 3,600 hours a year working at the County shelter; and, Volunteer Services for Animals also donated in excess of $6,600.00 last year to assist with medical treatment of stray and homeless animals-' and, the quality of life for ourCounty's homeless and stray animals and the service to patrons would kf~~ve~~fb:~ffected if Volunteer Services for Animals was not present;11 the County animal shelter,' an~ v~ "':;::;:"-";,::'" ,." ," ".:" ';':", """"/--0::":'/:"': through.both thehappyt'inesandthesa(Jtfhj~$(lt,. takes a special person to work in an animal shelter..:. ,. .. '::~::c: NOW THEREFORE; be it proclaimed by theOdard ~t.(:ountyCJ~~issioners of Collier County, Florida, that the. week of Apr1726~JO, 1999 be de5ignated as .. ..... '" '.' ,'-- ,,:;,', ,;::~,::::;,,:,", ':.:, ',':::'" ,;, '.,. VOLUNTEER SERVICES FOR ANIMAli; WeEK .<" .,," and," thatfJratitl1de dnd()p~[eC;~~Vh'ft'~"X~~ha~d to Volunteer Services for Animals for sevellt~~~.Yearsof service. .c",: ,:,:,:::,,' ',';,';, '" ',,;',:, '''''.'..'..'''..,'.'." DONE AND ORDERED THIS 27th DayolAprlli999. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MACKIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK ~ AGEN~.A:~ No.~ft_~ APR 2 7 1999 I Pg.,_...._- ~~;;...."'J;.~_..~ PROCLAMA TION --- WHEREAS, the Board of County Commissioners of Collier County supports housing assistance to very low, low and moderate income families; and, WHEREAS, the Board of County Commissioners of Collier County works cooperatively with the City of Naples and area organizations to address community wide concerns; and, WHEREAS, the Board of County Commissioners of Collier County has previously participated in PAINT YOUR HEAR T OUT events with local businesses, civic associations, and youth groups and supports expanding the program to provide assistance to needy, low-income, elderly households throughout Collier County; and, WHEREAS, the Board of County Commissioners of Collier County supports joining forces with the City of Ndples;the Collier County Banking Partnership, Juvenile Courf and the Department of Juvenile Justice, a var/ety of trade organizations /nCluding Collier Building Industry Association and the Lawn MaintenanceAssdclation, and numerous civiC and nonprofit organizotionstoprofTlofePAINT YOUR HEART OUT. -- NOW THEREFORE. be it proclaimed by theBoo(d of Cou~fpclien;issioners of Co/fier County, Florida, that Saturday, May J, ,,1999 be designated as PAINT YOUR HEART OUT DAY, and urge all residents to take an active role/nmaking Collier County anevenmare attractive and special place'fo]iy~by participating in volunteer efforts. DONE AND ORDERED THIS 27th Dayo(ApriI,1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MACKIE. CHAIRWOMAN ATTEST: DWIGHTE BROCK, CLERK .'-'" N~~:_~~J~ APR 2 7 1999 Pg. , <t#~"^--,-:~:'~ - - , ,-... PROCLAMA rION WHEREAS, we, the citizens of the State of Florida and the residents of Collier County, believe that the children of this state should be born healthy, grow up in a safe and nurturing environment, have the full support of their mother and father, experience educational success, achieve economic independence, and reach their fullest potential in life; and, WHEREAS, teen pregnancy and parenting increases the likelihood of low birth weight, developmental delays and disabilities, child abuse and neglect for the infant, disruption of education, decreased income potential, economic dependence on welfare, and subsequent pregnancies in the teenage years for the mother; and, WHEREAS, the burden associated with teen pregnancy and parenting is also borne by the taxpayers of Florida through increased costs in the areas of health care, education, welfare and juvenile crime; and, WHEREAS, Florida's teen pregridncyr'ateJ:.dnkssixth in the nation, and Collier County ranks lnthetop third,l'n fhesfate of Florida, for births to teen mothers: and, , d. . .,_. .....0... .... . ",;.;. ..,.,...., ....... -,' ,", ....'-. WHEREAS, the prevention of teen pregh~hcY'ShoLJ!dbeiip,.iority to Collier County and the State of Florida; and, , ',' WHEREAS, .-:., -....':,.-:..;-..;.:..,;,-.,.:. , ",:::':,: :o': .,' ".:.; '.: .,.', ::...,'..:....:...>..;:...;. , --, " ":> ,'-: ,-",-.:,,-.,...:: Co!//erCounty sh6uldfurtHer to~us/tsattentl/J~arlthe prevention of teel1pregnancy by building awareness of t1~?d~ses, extent, and consequences of the problem,' building linkages betWeen local, state and national resources,' and calling its citizenS to actlon in their comlnunities to address thiseritical issue as has,Collier County through the formation of itsCal/ier CountrT:eehPregnancy Prevention Commun/tyInitiative. . .. .,.'. ,'x::: ,,;:. ":->.:.:'.:,,:-, ....... ..e...:..;.-....-,;:;:.;-:: ::-::';,',_,:.:.: NOW THEREFORB,be itp~oc!J/h1ed byt~e B"aJ~()f(}jV.~~Commissioners of Collier (ounty, Florida,. thafthe, mont17o~/I,ay be designated as :'-:' :-::,..,:::; -<:,-':,-" '0:-::: '/?) </{. '::t:::,:-, TEEN PREGNANCY PRffENnON AWARENESS MONTH DONE AND ORDERED THIS 27th Day of April, 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FL ORIDA - PAMELA S. MACKIE, CHAIRWOMAN ATTEST: DWIGHT E BROCK, CLERK N~~:~A1l~ APR 2 7 1999 pg.-'-- ~.-._.-.~~4-." PROCLAMA rION WHEREAS, May 1, 1999 is Law Day U.S.A. in the United States of America; and, WHEREAS, the United States of America has been the citadel of individual liberty and a beacon of hope and opportunity for more than 200 years to the world and many millions who have sought our shores; and, WHEREAS, the foundation of individual freedom and liberty is the body of the law that governs us; and, -- WHEREAS, the Constitution of the United States of America and the Bill of Rights, along with the Constitution of the State of Florida, are at the heart of that body of law which guarantees us many freedoms- including freedom of religious belief, freedom to have and hold property, freedom of assemblY,freedom of speech, freedom of press, freedom of petit/on, anddtJefirocess of the law among others; and,," WHEREAS, this year marks the 3 7" a~~~~t;'~fl'0~~/~~d6~~c~ance of Law Day, and the Congress of the United States ~n(j"Mp'f'e.;ident by official proclamation have set asldeMay ras a~pecialdaYlor recognition of fheplace of law In American life. "/" , :':'-,;, '-"':'-"""'- ........,;>,. :::.:,:,-"'::,:,:::::::;::.,'::',:;:->,",:::: ",' -.-,....;... "-, - <: :>.:,:.,-:.'-:.:.:.......'.':.:..,:,.:.: ':"'.:. '_._'''.-.' "'- ..... .......-.,' .-. .......- : .,..:', "'., c".':: ::>"_::.,_;_ "..:_',: NOW THEREFORE; be it proclaimedbythe.Board(')lcount~f.~~~issioners of Collier County, Florida, that May'1, 1999 be deslghafed as LAW DAY U.S.A. ;: -". . .~',.,.::::: -;;,; -;,,:,.;-;-,: and calls u/iongl! CeSid~~t~~lt/~~~~,;'~th'o~/i,EiJsinesses and clubs to recognize and commemorate iherolepf)C1w/n our lives. .' ,."-,,.,-,,:- . DONE AND ORDERED THIS 27th Day o{Aprtti999. BOARD OF COUNTY COMMISSIONERS COlLIER COUNTY, FLORIDA PAMELA S. MACKIE, CHAIRWOMAN ATTEST: DWIGHT E. BROCK, CLERK .-.. AGENDA ITFJi No. _.-5Il.~ APR 2 7 1999 Pg .--.-L.- ,--- WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, - 'tfHEREAS, WHEREAS, PROCLAMA rION me Conservancy of Southwest Florida is the regions leading non-profit environmental organization: and, me Conservancy has helped protect nearly 300,000 acres of environmentally sensitive land since 1964, including Fakahatchee Strand, Belle Meade and South Golden Gate Estates: and, me Conservancy actively assists with state and federal land acquisitions and restoration programs in the Greater Everglades Ecosystem: and, me Conservancy helps shape environmental policy in South Florida by participating in and monitoring more than 125 Southwest Florida environmental issues annually: and, in addition to playing a key role in environmental advocacy and protection, The Conservancy operates, in support of its mission, the Naples Nature Center, the Briggs Nature Center, the Wildlife Rehabilitation Center, a water quality testing lab, and the Sea Turtle Monitoring and Protection Project: and, me Conservancy provides environmental education programs reaching thousands of adults and students every year: and, , " < x'. ,., ... ...... ...:'::.'--:';":' _.'---.": more than 70b ~olurdeers generou$rydiJtidtel~tir/"rieani!.irpertise to The Conservancy of SoufhweifFlorida: and, .. -". ...... . .-. .. ',' - . ".'- .-...-......... ...-....---,.. these,vafunleers OSSiS~lhfM daily function,itlg dFT'he Con$~~i:y, as museum docents, info~tr/(Jtion desk volunteers, store sole~personnel, wild/if~Far;5g'vers, special events vollJl1teers, dockmasters, boat coptoin$;voliJl1teer mailers,<o(fic.~]ielpers and hort-leulfwal ossistants:and,<, <" :--:<-:',-":> ,'::_.:_,.: - ','- .'" . .:,::\<.:;::.::::i:i]:.:..;:::::.:.:'::("-:: loco! bt/Slness professionals, Including veterinarians, medicdlstt1ti'and business leaders alsodol1ate their time and service: aM,'! ...1< ,', .~ j in 1998,volunteersdonatedmore than 50,OO?(/1~lJf':$tc ,ih~<C6~servancy of Southwest Florida. ", .", ... ".',. ,. ",:,:::. ._': .':;..::-: '..:,:: .:::.\(:.:::,:'-,::::::..:/:,::::;::...\ ";;:::: .-::::'_','_'_ ,_::,{>:,::}i}{i:::::':::~~:.. -:::;f:::..::::/:)\/t :-::':-.: -,::::: <.:c:::'.:;:-"::"':-' ":,::-,J:. }:,,:}:})\, ::~:"-:;:;}):-?>\:. NOW THEREFORE', be it proclaimed by the Board of County Commissioners of Collier County, Florkki, that fhimMth'ol April, 1999 be designated as CONSERVANCY VOLUNTEER MONTH DONE AND ORDERED THIS 27th Day of April, 1999. ATTEST: BOARD OF C:OUN7Y COMMISSIONERS COLLIER C:OUN7Y, FLORIDA PAMELA S. MACKIE. CHAIRWOMAN ',,--- N~~EN~ArfT~ --..........~"'.-..- to _ .-.. DWIGHT E BROCK, CLERK APR 2 7 1999 pg.__J__ PROCLAMA TION WHEREAS, the travel and tourism industry supports the vital interests of Collier County, contributing to our employment, economic prosperity, peace, understanding, and goodwill.' and, WHEREAS, travel and tourism ranks as one of Collier County's largest industries in terms of revenues generated; and, WHEREAS, approximately 3,000,000 travelers visiting Collier County contributed approximately 27.53% of the annual taxable sales and $450 million dollars to the economy; and, WHEREAS, those travelers provided jobs for approximately 22,000 citizens in Collier County; and, II II ., WHEREAS, travel and tourism - the service industry - provides employment for more people than any other industry: and. ~- WHEREAS, given these laudable contributions to theecol1omic, social, and cultural well-being of the citizens ofCollie'7,~ounty, it is fitting that we recognize the importance of travel and tourism. NOW THEREFORE, be it proclaimed by the"Ooardof CounfyCJlntniSSioners of Collier County, rlorida, that the week of May :[..8, 1999 be designated as NA TIONAL TOURISM WEEK DONE AND ORDERED THIS 27th Day of April, 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA s. MACKIE. CHAIRWOMAN ATTEST: DWIGHT E. BROCK, CLERK ,,-.., ^~~,..........~-. AGE~~ -ATE~ No. ,-, APR 2 7 1999 pg.-1_ .~'T.","~~-o>Jo~1lf".. PROCLAMA TION WHEREAS, America has been known as the "Melting Pot~ the world where the value of a broad diversity of cultures contributed to the development of our democratic and pluralistic society: and, WHEREAS, the Hispanic heritage of over 28 million Americans is an essential part of our identity as a nation and of our role as a leader of nations: and, WHEREAS, the 20,000 and more Hispanic Americans living in Collier County are an integral part of the domestic life of Collier County and are becoming increasingly activeandvisible leaders in the community. "'" .- ..'..... , HISPANIC HERITAGE DAY IN NOW THEREFORE, be itproC/aiined by the Collier County, Florida, that - commemorating the Jd" ah;'ua/ev~nt;f 0,-::':'. './ -;{ :,: DONE AND ORDERE'D THIS 27th Day of April, 1999. PAMELA S. MACKIE. CHAIRWOMAN ATTEST: DWIGHT E. BROCK, CLERK ~~~~{l:Ff- APR 2 7 1999 ---- Pg._~L_ __ L __..,.. ~~~......~ EXECUTIVE SUMMARY ACCEPT THE 1999 STANDARD TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE NAPLES AREA CHAMBER OF COMMERCE. OBJECTIVE: To have the Board of County Commissioners accept the 1999 Tourism Development agreement between Collier County and the Naples Area Chamber of Commerce thus creating a Collier County Film Office. CONSIDERATIONS: Beginning in 1996, Collier County had had an Interlocal Agreement with Lee County to fund and operate a Southwest Florida Film Office, which included $80,000 per year in TDC funding. This agreement was dissolved on 9/30/98. On 1/25/99, the Naples Area Chamber of Commerce requested $80,000 in TDC funding to operate a Collier County Film Office. On a 5-2 vote, the TDC recommended funding up to $50,000 to operate a Collier County Film Office housed within the Naples Area Chamber of Commerce through the end of the 1998-99 fiscal year. - FISCAL IMP ACT: $50,000 is available in the TDC Fund 194. A budget amendment will be required to transfer funds to the project from reserves so remittances can be paid. GROWTH MANAGEMENT IMP ACT: None RECOMMENDA nONS: That the Board of County Commissioners accept the 1999 Tourism Development agreement between Collier County and the Naples Area Chamber of Commerce, approve the associated budget am ndm:nt, and authTze the Chairwoman to sign the agreement..1 . / _ _ PREPARED BY: ~ Helene CaS~ltine Date Economic Development Mgr. REVIEWED BY: - APPROVED BY: Gre 'halic, Director Housing and Urban Improvement 9I:at-It. ~ AGENDA ITEM No. fl~)1 APR 2 7 1999 Vincent A. Cautero, AICP, Administrator Community Dev. & Environmental Services Pg. / 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES AREA CHAMBER OF COMMERCE, INC. REGARDING THE OPERATION OF A COLLIER COUNTY FILM OFFICE THIS AGREEMENT, is made and entered into this _ day of , 1999, by and between the Naples Area Chamber of Commerce, Inc., a Florida not-for-profit 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 the promotion and advertising of Collier County nationally and internationally by the support and operation of a Collier County Film Office; 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: I. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A," the GRANTEE shall operate a Collier County Film Office. 2. PAYMENT: The amount to be paid under this Agreement shall be Fifty Thousand Dollars ($50,000.00). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section 1 upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. AGENDA ITEM No. ~)I t.PR 2 7 1999 I . ~ n ~~ " i PIJ. ~ \......-...... GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The amounts applicable to the various line items of Exhibit "A," subject to the maximum total amount, may be increased or decreased by up to ten percent (l0%) at the discretion of GRANTEE. Adjustment in excess often 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. 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 AGENDA ITEM No. €'({J).I APR 2 7 1999 Insurance for no less than the following amounts: 2 Pg. ~-:5 ,- BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY -Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. MONTHLY REPORTS: GRANTEE shall provide to County monthly reports on the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent during the preceding 30 days and the duties performed, and the services provided and goods delivered during said period. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. _. 6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: The GRANTEE shall hold hannless 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 perfomled 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 perfonn work by any of them. The GRANTEE's obligation under this provisi Dn sh~~ I~ No.--XJQlL APR 2 7 1999 3 Pg. .y . limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. 8. NOTICES: 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: Ellie Krier, Executive Vice President Naples Area Chamber of Commerce 3620 Tamiami Trail North Naples, Florida 34103 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. TERMINA TION: 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 justif . AGENDA ITEM tourist development tax funds. No. f?fj) / APR 2 7 1999 4 Pg. ~ II. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 12. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agree- ment. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the 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 [date Board approves] and shall terminate on September 30, 1999. The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agree- ment, and the COUNTY may agree by amendment to this Agreement to extend the ternl for an additional one year. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall be available for future applicants. 15. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of GRANTEE's activities, explaining how the tourism impact was evaluated and shall provide a written report to the County Administrator or his designee within sixty (60) days of the expiration of this Agreement. 16. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 17. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. r-' AGENDA ITEM No. ffd> I APR 2 7 1999 Pg. 6 5 IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .. . . . .. . . . .. . . . . " . . . . .. .. " . .. . . .. " " " , " " . " .. .. .. . .. .. " .. .. .. .. .. .. .. " .. .. By: PAMELA S. MAC' KlE, Chairwoman : :~~ : ~ : ~ : ~ : ~ .. " .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . WITNESSES: GRANTEE ,0/ --)A' (1) // <'-./ /",' vvL] ( ) . ,_~ Jay Murphy i J NAPLES AREA CHAMBER OF COMMERCE, INC. Printed/Typed Name (2) )/({?i ~v /I: /?!..c:,-/ /' - /) /. (., BY--,'&I{l~I./7/ Xi"~ ",lJ;i; Ellie Krier Pnntedrryped Name Dawn D. Jantsch Printed/Typed Name President PrintedlTyped Title (corporate seal) Approved as to form and legal sufficiency Huh f ) ~ ~ . i ,i ,( , , ~'f' LA---<,\ Heidi F. Ashton Assistant County Attorney h Ihg/hfa/99TDCII999 Naples Area Chamber or Commerce. Ine, AGENDA ITEM No. F?(A) I APR 2 7 1999 6 Pg. ~ ~-~ ~" COLLIER COUNTY F I L M OFFICE Locations That Make A Scene COLLIER COUNTY FILM OFFICE 1999 BUDGET EXHIBIT uA" BUDGET Membership Dues 1 , 000 - Trade Shows 1 0, 1 00 Marketing 6,000 Subscriptions 300 Operating Expenses 32,600 TOTAL 50,000 - AGENDA ITEM No. ~(1VL APR 2 7 1999 Pg. f COLLIER COUNTY FILM OFFICE 1999 BUDGET CATEGORY $ AMOUNT DESCRIPTION DETAIL MEMBERSHIP AFCI 500 Annual membership dues Association of Film for professional association Commissioners of commissioners International worldwide Film Florida 300 Annual membership statewide organization of film commissioners and industry representatives FMPTA 200 Local chapter dues Florida Motion Picture and Television Association SUBTOTAL 1000 TRADE SHOWS ShowBiz East 3000 Septem ber 16-18,1999 Registration fees Produced by Variety, held are determined by in NYC @J. Javitz Center. # of participants in Trade show for East coast Film Florida booth film/1V / advertising AFCI Cineposium 3000 Annual conference of Educational/training international organization conference- of film commissioners attendance Location: TBA mandatory to Costs : qualify for Conference fees membership Air fare Ground transportation I Hotel Per diem ShowBiz West 3000 June 25-27,1999 Registration fees Produced by Variety, held are determined by in LA @LA Convention # of participants in Center. Trade show for LA Film Florida booth film/1V fadvertising Annual Film 900 May 23-25, 1999 Seminars, panel Florida Annual conference for Film discussions, Conference Florida in Miami. organizational and Costs : committee meeting Conference fees Ground transportation Hotel Per diem AGENO ITEM No. Pg. 2 Quarterly Film 200 August 1999 Florida meeting State commissioners host meetings in their county/city Costs : Ground transportation Hotel Per diem SUBTOTAL 10100 MARKETING Advertising 1000 Within industry trade publications announcing the office opening/contact information Collateral photo 3500 Local Location guide There are no guide containing photos by existing materials regional photographers; that include location photographers have photographs of the donated their work; area and film office concept in place information for shared cost with Lee distribution to client County requests and to trade shows/sales missions Stationery 500 Set up fee and cost of Logo already printing created Letterhead In addition to Second sheets general use, Envelopes business cards are Business cards given out at trade shows and missions FEDEX 700 Based on average overnight Clients request 24- pak rate/wt. 48 hr. turnaround on location files and production information Postage 300 General mailing of Additional postage if requested information often required including production gUide/collateral SUBTOTAL 6000 ----.-----.-- ~--_. ------- ~._----~-_..-----,-- -, AGENOA ITEM No. ~) / APR 2 7 1999 Pi. /~ . 3 SUBSCRIPTIONS Hollywood Reporter Premiere Entertainment Weekly SUBTOTAL OPERATING EXPENSES Telephone service Cellular phone service Film processing Office supplies Personnel 8 month period Office Space Local mileage 250 25 25 300 1500 500 1300 650 25000 (22000) 2000 1500 Daily industry trade paper Monthly industry trade magazine Weekly industry trade magazine Long-distance and local service. Most clients are out of the area, often different time zones; some international calling is required Client service requires accessibility Essential for the maintenance of location files and for responding to client requests. Professional quality processing account should be set-up to assure 60-minute turnaround Duplicates are always required for protection against lost files The creation and updating of location files is critical to the office. Manila folders, tape, glue, labels, etc. are used constantly to produce photo files for clients Salary for full-time professional film office director One office; use of meeting rooms; support staff Re: meetings, location shooting, general film office business Basic subscription rate Basic subscription rate Basic subscription rate Including cost of 35mm film Additional amount includes benefit package: health and life insurance Located at 3620 N. Tamiami Trail in Naples Based on a reimbursement of .32 per mile AGENDA ITEM No. f?efJ I APR 2 7 1999 Pg. // 4 - Reference 150 Industry production guides As a reference for Materials and reference materials- the community and listing contacts, media lists, clients filmographies SUBTOTAL 32600 - AGENDA ITEM No. W)V APR 2 7 1999 Pg. /~ EXECUTIVE SUMMARY ,- ACCEPT THE FIRST AMENDMENT TO THE 1998 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE TOURISM ALLIANCE OF COLLIER COUNTY. OBJECTIVE: To have the Board of County Commissioners accept the first amendment to the 1998 Tourism Development agreement between Collier County and the Tourism Alliance of Collier County. CONSIDERA TIONS: On 7/27/98, the Tourism Alliance of Collier County (T AC) requested $1,400,000 in Tourism Development funding to pay tourism promotion and advertising expenses for FY 98-99. The TDC agreed in concept to fully fund the program, but, based on tourist tax receipts, only $1,195,429 was available at that time. TDC members suggested that the TAC return later in the fiscal year to request the remaining funds needed to complete their advertising and promotions campaign as proposed. On 9/1/98, the Board of County Commissioners approved TDC funding for the T AC in the amount of $1,195,429. Staff has determined that based on year-to-date tourist tax receipts, there is an additional $176,849 available for tourism promotion and advertising. On 1/25/99, the T AC presented a progress report and a request for additional funding to the TDC, as previously suggested. The TDC recommended increasing T AC funding by $176,849, bringing the total contracted amount for FY 98-99 to $1,372,278. At this level of funding, the program is still $27,722 short of the original request, but the TDC members agreed that the additional funding would have a positive impact on the County's tourism industry. This is an amendment to the standard 1998 tourism agreement. ~ FISCAL IMPACT: $176,849 is available in the TDC Fund. A budget amendment will be required to transfer funds to the project from reserves. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners accept the first amendment to the 1998 Tourism Development agreement between Collier County and the Tourism Alliance of Collier County, authorize the Chairwoman to sign the agreement, and approve the associated budget amendment. PREPARED BY: L~~~cas~b ~ Economic Development Mgr. REVIE\\'ED BY: ~ ~, APPROVED BY: a. AGENDA ITEM No....iTi12aL APR 2 7 1999 Vincent A. Cautero, AICP, Administrator Community Dev. & Environmental Services Pi. I FIRST AMENDMENT TO 1998 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE TOURISM ALLIANCE OF COLLIER COUNTY REGARDING ADVERTISING AND PROMOTION THIS FIRST AMENDMENT TO AGREEMENT, is made and entered into this day of , 1999, by and between the Tourism Alliance of Collier County, composed of Visit Naples, Inc. and the Marco Island Chamber of Commerce, Inc. on behalf of the Marco Island and Everglades Convention and Visitors Bureau, hereinafter collectively referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECIT ALS - WHEREAS, the COUNTY and the GRANTEE entered into a 1998 Tourism Agreement dated September 1, 1998 (the "Agreement") in the amount of One Million, One Hundred Ninety-five Thousand, Four Hundred and Twenty-nine Dollars ($1,195,429.00); and WHEREAS, GRANTEE has requested an increase in the amount funded; and WHEREAS, the COUNTY agrees to the requested increase in funding. WITNESSETH: NOW, THEREFORE, BASED ON THE MUTUAL COVENANTS HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Section 2 to the Agreement shall be deleted in its entirety and replaced with the following language: PAYMENT: The amount to be paid under this Agreement shall be One Million, Three Hundred Seventy-two Thousand, Two Hundred Seventy-eight Dollars ($1,372,278.00). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section 1 upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. - AGENDA ITEM No.~~ APR 2 7 1999 Pi. ,/l GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A". The amounts applicable to the various line items of Exhibit "A", subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. 2. Exhibit "A" to the Agreement shall be deleted in its entirety and replaced with Exhibit "A" attached to this First Amendment to Agreement. 3. Except as set forth herein, all of the terms and provisions of the Agreement shall remain in full force and effect. AGENDA ITEM No. r~)~ APR 2 7 1999 2 Pi. -5 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. DATED: DWIGHT E. BROCK, Clerk WITNESSES: "(~~~, ,------ r;;rrv;VJ t -' /l)/(/r7ir(,(~ Printedrryped Name~ ' (2) ~ ~ ~ \~Yl'/~ /l .1..'. :I;y{7L~ Prirl'ted/Typed Name / ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORlDA By: PAMELA S. MACKIE, Chairwoman . . . . . . . . . . '. . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . '. . . . .~..............., . iI'. . ,- . . '0' . . . . ., ..... . ., ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . GRANTEE TOURISM ALLIANCE OF COLLIER COUNTY By: Visit Naples, Inc. By: ~ f t<.S- s J D'?1..- " Printed rryped Title (corporate seal) By: Printe~~im1 KIC F /)//(j (d ~11,;f Printedrryped Title 3 AGENDA ITEM No. ~)~ APR 27 1999 Pg. .y Approved as to form and legal sufficiency // -, ~Ir ,< / / ('>-.. . ) / ~ \' , , (" II (I /~ i l ,--\.. \:/' Heidi F. Ashton - "- Assistant County Attorney h:/hg/hfa/99TDC/ 1 Sl Amend The Tourism Alliance of CC AGENDA ITEM ., No. 9(A')~ APR 2 7 1999 4 Pg. 6 >- f- Z ::> o U n: w - .J "0 ..J Cl) .~ 0 ~ u '< I.L. ~-o ,.l. x IJJ ~ = u z <( - ..J .J <( :E Ul - ~ ::> -0 ... 00 r:-....... ~ '" r.n~ · ....-l r:-....... mC"f) ~ '" ~ ~ (;jVj- ~~ < 0 o ~ o ~ ~ (1) H ~ ~ (1) b1) ~ ~ ~ ~ ~ ~ ]~ t-oN ~N ~; ".... 'S~ ~Cgf '1::l~:o t: 0 ::I ..s",U ~ .S <:> ~ '~ r- N N 0\ '-15 o '<t ~ l'I:lC:ctn~ .- 0 U ~ ._ ] 'B s,g ti ::E::s=tI.l~ '8Su~ "'::S"O..,:; !:l..~"" ~u ~ Q oB c: :~ t u > "0 -< 8 o~ II') II') '<t ~ 8~ \I') 0\ ~ ~ 8 ~ 0'- 0 ..: e; -u; "" U III .. - CI) e_ ~ ~ co~ .- c: l'I:l "0 l'I:l ._ ._ ::s.- 0.. "0 - "0 0.. U gu:.::~ .- ~u III c: ,8 cu U 0:: .S:! :D ::I c... 8 o~ o \I') ...... ~ ~ \I') l"1. o '<t ~ 8 o~ \I') '<t ...... ~ o o o~ \I') ~ ~ N N O\~ IC ~ on ~ Ob c: :0 ::s U .S c: .8 cu ... Vi '2 'E "0 -< ~ III U Vi COo ~ U III U 8..S:! oBI;:: c: 0 .- ... - u C:.c ::s _ o 0 U"O <~ .. - Q,I ~ ::s CQ "; - C E-- o o o~ \I') '<t ~ IC on '1.. on ~ 00 ~ u CO "0 El c co.c U c: c: III tn III III c: U c: .- l'I:l 0 00 III U III .. c: ~ ~ u ''::: a l'I:l c: u U 'r- l'I:lC:'(U c: .S:! 5 gp.8 0 -< S u u ... ::l c: U \.IN o ~ .- ._ _ .c ~ ~ ~ ~ 1;l8,g~ ~N .- 0 ... .=G)~~~CI) "0 .- u ""0:: c: u 0....... "'~ r- u-_ ~ tI.l .- .:! u u -g "" Ob --<.!:!~ ~ u "" c: s_ ~'1.. ::s_ .. ~ CO~ g 0:: ~ ::I "" U U c: ~ U "0 - l:l....... e8 eo c C'd 0- - '-'oi 0 ::E u~:o ~.c ~~ c: "" '-.- ~ c: E- ,rJ Obu E- l'I:l ::I U - !:l.. :0 :0 ~] 5 ~ .5 "O~u coO c: III "" .-:::~ ::s u '-::E III < .- "" c: c: .!:! bO u~O 'C;;_ "O,rJ ::s .- ~o c: c: ._ u ::s l'I:l 0 c 'E .;; .- ~ > 'U'; ,rJ CII IC :0 vi ;...l'I:l ,50 c: .8 ~ ::I c: =~ - ;;; u u co = ,8 '" 1: .... l'I:l CQ .S cu ::I Vi Vi "0 U oB U c: ~ 'c: 0 "; - 'E c... - c: 0:: - 0 'Vi .S:! u \;:: "0 E- 't > "5 -< :D l'I:l U t=: ~ > ::I "0 c... -< ~G~r~ APR 2 7 1999 6 Pg. -.- EXECUTIVE SUMMARY APPROVE AN AGREEMENT BETWEEN THE COUNTY AND U.S. HOME CORPORATION (USHC) FOR MEDIAN LANDSCAPE IMPROVEMENTS ON CR 951 ADJACENT TO NAPLES HERITAGE GOLF AND COUNTRY CLUB (NHGCC) OBJECTIVE: To obtain Board approval for an agreement with USHC for cost-sharing for existing landscape improvements to the median fronting the NHGCC on CR 951 in the amount of $51,200.00 CONSIDERATIONS: About one and one-half years ago (Jan. 7, 1997, Agenda Item 7C, Attachment No. 1 - including excerpt from meeting Minutes indicating Board direction), the Board directed staff to work with USHC to develop a cost-sharing agreement for the then proposed landscape improvements for the medians fronting the NHGCC along CR 951. Since that time, the improvements have been installed and USHC has been maintaining them. In addition, both staff and ~ USHC have been working to produce a cost-sharing agreement document acceptable to both parties. The funding for the county's share of the improvements was to have been provided during the course of the budget preparation cycle in FY 1998. Transportation Services Department staff did not include this project. This was an oversight at that time. Transportation Services Department staff should have included the funding in the FY 1999 budget cycle since the FY 1998 cycle was missed. Again, Transportation Services Department staff failed to do so; however, in computing the FY 1999 carry-forward for Fund 313, the funds for this project were included. Therefore, funds are available for the project, but there is no Agreement in place. As a consequence of this oversight, Transportation Services Department staff has reviewed its internal procedures for funding capital projects so as to preclude this situation from repeating. The original intent of USHC's application to the Board was to have an agreement in place prior to the installation of the improvements; however, because of the failure of Transportation Services Department staff to include this project in the appropriate budget cycle and because of the need to have the Agreement fully documented as to costs and responsibilities, staff was unable to provide the attached Agreement at that time. The Agreement (Attachment No.2) sets forth the responsibilities of the parties and makes provision for the county to pay an amount equal to one-half of the total cost of the landscaping improvements and permitting costs. ,~. AGE'1Pf'RP~ No. )1I"\ APR 2 7 1999 PO. --L- Executive Summary Approve a cost-sharing Agreement for landscape improvements April 20, 1999 Page 2 of2 FISCAL IMPACT: The total project cost was $57,210.00 (Attachment No.3). The Agreement calls for an even split of the capital costs; therefore, the county's share of the costs are $28,605.00. Funds are available in the Road Construction Gas Tax Fund 313. The Transportation Services Department Landscape Operations Section estimates that approximately 20 hours per month (120 hours annually, or 0.125 FTE) will be required for ongoing maintenance activities at a cost of about $650 per year (1999 dollars) after the expiration of the developer's obligation. Funds for the maintenance activity will be budgeted in Fund 104 annually. GROWTH MANAGEMENT IMPACT: None RECOMMENDA TION: That the Board: .- 1) Authorize the Chairman to sign the Agreement on behalf of the Board; 2) Authorize staff to process documentation to the Clerk's Finance Department for payment of the county's share ofthe funding; 3) Authorize staff to implement the maintenance obli,gations for the project. L1 PREPARED BY: ~t;(L, Edward J. Kant;P.1: , DATE: 4 - 7--D - ?7 APPROVED B DATE: 4-.20 -- qrr Ed Ilschner, Public Works Administrator Attachments: No.1 - Agenda Item 12C, January 7, 1997 No.2 - Cost-sharing Agreement No.3 - Certified cost breakdown - AGEtt9A ITEM No. 1(2,> (, ) APR l 7 1999 PG.~ .:....~ '-~~' :~-~.,; r \ ( ~~ ~.... ~ \ "-- . t- ......... . '~.. . , i~ ~;;Yf{:;{ :~;.. ' ,~,>':~?\~,:<i j,,'~,... . ~-,~!;",:~A-~~~(>... '. .: .:.i[~~:':f.. , .:' ~ ' " ~ '~ .... .' . . "}~~':{~;~~:~-.~ .f :':~"II.;~ '''':' - ,.' >.~-}; ~~~ . .~. ;-'" .-0:: - ,.... ", . "..' COllIER COUN1Y MANAGER'S OFFICE ';:..1 ,": :-':"J'~ ~. ~ ..:.~. .'."1' _ .-,,:": - .,::;#~t" . ", ":-!'-;~; ,~:-;. .:.~~!~At::'(F::. . ~ -.;to '.\ _'t'.~./ 'l~~\';"~ - _.~.,_":'~~~Z'~' .,,' ~-:-\'~;..' . ~. ," -.:~." l; ,..:. ..:":1,.:..,- . ~~: ~"-I\~:~:~~"~!~~': : i:$!~i( .. . ',:' _ _.i{.'~:.\.:.7:-:'- - '. Decemhe:("23,', ~i. ,'-, . ".,," -,,~.' -(.: ." . ~ .'-.' . .:,. ,. '. '., - -;:~. .:.".-~~.:~/{ -~.\.:t~- .':..:".;;-- : :':-:L.:.;~' ~-' :;;.: ~..:. i - ..~":'~:?/'!" . , .:. . '~'c';:}~f~:C. '~'-\:.< .-., . " - ~ .,..- -' -~~ ~ ....' : -~' :~.~'\.;~ ./ ~, . .-' :: ..... :' \ ,::,:.:..-- , 'A CERTIFIED BLUE' CHip COMMUNITY c..," -~.. ... Ken Carlyle, ASLA' "",' " McAnly Engineering&.Design, Inc. . 5101 Tamiami Trail East~~ Sui te 202".-:.", Naples,Fforid~"')4i1~ :::. ..":: '" ': ~-'_--\;:..P~::>. " ~"'~;__" . ,.... ::-~:~/;-~.',.' :'< _; ""1\-; ";~-\,~:"~,~'~,~~'''' Re: Reauest >for Publi:c':-'Peti"tion - :N,aples Heritage"'~Golf': & . '.' Country Cf~b -Median 'La?dscaplng -'. ,-~<.>....~:,"" "-:':' .'" . . De ar Mr ~..< Ca'r 1 y i-'~ : :.->~~:~~~~:':~.,.. - . .-' ;:_:'::;:I~~:~;;_::~" ". -.,"'_ - - -". ','~" ~'~~-~"i." _ < .' t- . Pleasebec:::'7advised th~t'~you ant:scheduled to appear before .the COllier,:'County.,: Board ',:of Commissioners at 'the meeting of . JanuarY 7'P'.;.199? ':regardinS{'the :above';refe'renced :.subjec'tl~~:~t' :~~:;':~ ,.:. "~;~:'.'.~ . ";-'-""~. ~ > " '. ?-..:!-.\~-:::. ...- '..-.- . '~. .:...:!~., -~ .. - , :.;.'.....l:~.r:.:-;.:.; ," - . ~ ., . ......:".',....,.. Your petition ~,to' the: Board of County,Commissioners','.will ,be limi tea to.ten minutes:: Please be advised that the Board will" taken'o":~;~'ction;:on '.your;:'~petition ,at.. thIs meeting': However; ~~ . your - pet'i-tion -~ rrlay-~' ...be ~;;.:.:~" placed on ~..::'a '-~ future' a"gen'da . for .~'/~'-~;1-"~" ~i .. 'consider'atJon; at. .the '>'..Board' S." -discretion. '. ',.,: Therefore, your peti t iont? .the Board should be' to advJ.s'e the'in" of y6ur~~c:once'rri'- and the 'ne'edfor'actiOn"by the ;Board ata futu're meeting. ~.....~::-~~_ . .' .. ---(:._:~~- -:~ -'. _. .,,~.-. .,t:~~~~ . .... .'- ,(.~~::" The meeting will begiriv'at'9: 00' a. m. in' the Board's chi:iffiberson" the Third', Floor"of~Building"~" F" of 'the government ':complex. Please'arrange to be present at'thismeeting and to respond to inquiries by Board. me~er.s . . .- - .- If yo~- require any fur.ther information ,or .do ';_~.to cont!~t this office. ?~271f3J11':';1~.}r .. ,. :W. Neil Dorrili. . COD ty' Maliage~""~" :.:-.:.- ..... ~ . . . , WND/B.P;':'~-':~?~.' .... cc :'couiley' At t-6rney~.: :~.,'"'?, : Public Works Administrator ATTACHMENT NO. I PAGE I OF 4- ,,-1. '..'" .yJ}301 E.T~~I yR.... :,' ;':~:::~ NAPLES, FL -34112 . .' .'~" {94l))i1~8383 . FAX {94 Hij'4-40 10. ' :.. :~t-..l"'.. ".':." .~~ ,: . assistance 2 7 1999 ~ III~ MeANLY ENGINEERING _ AND DESIGN INC. ~ ENGINEERING PLANNING LAND SURVEYING LANDSCAPE ARCHITECTURE December 18, 1996 . ~~~;lTYOEAt'f'~ 1~~~~:; 1 Ar~' ,.~. _JL-.___I I'\wL.ll...... ._~-~. ._ ...--1 - ._. I 1tl~ (,: -c"c- ~ . c;;-Y-A-- ~. --.. . .t'" . . \~.: ;,; ~~-- ; f;ql! ~ ~ Mr. Neil Dorrill, County Manager 3301 East Tamiami Trail Administration Building 2 nd Floor Naples, Florida 34112 RE: Naples Heritage Golf and Country Club I C.R. 951 medIan landscaping located in section 10, Township 50 South. R.1nge 26 East: Collier County Florida Dear Mr. Dorrill: The purpose of this letter is to request on behalf of my client. U.S Home Corporation, a public petition itcm for the upcoming Janu.11")' 7, 199; BO:lrd of County Commissioncrs Meeting. We arc sceking a pri\'ate/public pannership for landscaping in the 951 medi:ms adjacent to Naples K:rit(lgc Golf and Coul1lry Club. \lie will ask the Board to authorizc county staff to review plans and a dr:1ft agreement for matched funding and repon back to the Board their recommendations. We ha\'e been working with George Archibald and Val Prince of your staff to coordinate these cITons. The eosl eSlimate for the total bndsc41pe and irrig:1\ion projecl is $93.31600. U.S. Home Corpor(ltion has agreed to ll1:Jinlain and irrigatc thc landscaping at its o\\'n cos!. Collier Count) 's contribution would only be S~6,658 due after project completion and inspectioll. The landscape plans will be consistel\l with the recently approvcd strcetscape m:Jster pi:lll for Collier counly and \\ill be a positive addition to the Collier County Slreetsc:Jpe network. If you havc (lny questions or require addilion;ll informalion. please do not hesilate 10 COlllactl11C, ~"" K,,,' ~~. A2\iVV'- DKC/lkm en::lusur(:s ATTACHMENT NO. PAGE 2- / OF 4 tiO. ~c.~ t ., APr~ 2 7. 1599 PG, 1} - - ~ 5101 TAMIAMI TRAIL EAST. SUITE 202, NAPLES. FLORIDA 341131 (941) 775.()723 FAX ~94 1) 775.9236 f ~ January 7, 1997 MR. FINN: Mr. Scholtz, Mr. Chairman, if I may. Finn, public works operations director. We reviewed Mr. Scholt request, and staff is prepared to come back in two weeks with recommendation to add this property to the properties exclud the payment of sewer impact fees if that pleases the board CHAIRMAN HANCOCK: And at such time Mr. Scholtz wou receive a refund? MR. FII~: Yes, si~. We would duly process it board has approved that exclusion. CHAIR~~ HANCOCK: And his property meets al cr~~eria that would allow for that inclusion in MR. FImJ: It '.muld be an exclusion from impa:-;-::..: fE::=8, ye.s, sir. C.T:U:~D\..T\IA},f l-!AKCOCK: Okay. Are there t~8 board? Mr. ~?c'l-)01tz, does that answer ~-!R. SCH07"'rz: "It sure does. COMMISSIONER CONSTANTINE: So In a pUDlic h2~Ling in two weeks? ChAIl<.JVl.Zlli H..Z-.l':COCK: That wi board -- MR. FINN: This will no be on a case-by-case basis CHAIR~~ PJillCOCK: 0 y. MR. FI~: ~he nee sity to advertise a public hearing for ct change in the or lnance would require a little bit longer delay to include any prope ies in that exclusion. CHAIRYh~ HANC Okay. So you'll work directly with Mr. Scholtz on th' matter? MR.. FINN: CHAI.KI"L~ T -r:OCK: you. MR. SCH ,TZ : J...nd I - - I'm sorry that I - - I - - I c10!1' t know this . tleman here. What's -- who is he? CHAl ~ HANCOCK: You're about to be introduced to Finn, would you get with Mr. S~holtz and -- DORRILL: He'll get with you in the hall and give .:: ard . SI::;-OLTZ: DORRlI.,L; he th.""tt group? e payl".e',1.t r;f from your uestion? Tha s. '11 see all the details brought back to the public hearing. Scholtz. This will r.i IT! . Fi.ne. And good-bye to you, Neil. Thank you. L., . Item #7C KEN CARLYLE, MC~~Y ENGINEERING AND DESIGN, INC., REGARDING THE NAPLES HERITAG~ GOLF AND COUNTRY CLUB MEDIAN LANDSCAPING - TO BE PLACE ON FUTURE AGENDA CHAIRMAN HANCOCK: Thank you. Next item, Item 7(C), Ken Carlyle with MeAnly Engineering & Design regarding Naples Heritage Golf and Country Club median landscaping. MR. Ck~LYLE: Good morning. My name is Kent Carlyle, and I'm a registered landscape architect with MeAnly Engineering and ~esign. And we are very pleased with the great amount of w~~~~g)(., I AP~ 'lL 7 lS~9 1 Page 11 .-, i 5 l pc. __=_~~~. ATTACHMENT NO. PAGE .3 I OF 4 ~ January 7, 1997 was accomplished by Collier Naplesscape, and we are happy that you supported their efforts last board meeting. I am here today representing U.S. Home Corporation, I mean -- the developers of Naples Heritage Golf and Country Club located on County Road 951. Naples Heritage is destined to become U.S. Home Corporation's finest community, and for that reason, we would like to portray that image to the community by beautifying the -- the medians adjacent to our property there. We have worked closely with county staff; and we have provided an approved landscape plan that is consistent with the streetscape master plan's recommend2tions for that section of roadway, and we have obtained a right-of-way permit that will allow us to begin construction. We are seeking a partnership with Collier County and ask today t~at the board would allow the review of a match-fu~ding 2s~eeffi2nt ~onsidering U.s. Home Corporation will ffialntai~ and irrigate tIle la~~~~aping at its cost. We're also asking that ou~ petition be placs:1 r';l1 a future agenda for consideration at the board 's discretior~ . The beautification of this section of road -- roadway will greatly benefit the Collier County Streetscape Network. B~cause of its proximity to a major gateway, thousands of tourists and residents will experience the improvements, which will refJ.ect commun).ty pride and economic vitality. This project will act as a ~odel for future 951 projects and set the tone of the streetscape master plan's recommendations. CHAIRMAN HANCOCK: Mr. Carlyle, similar to the previous application, you' r~sking J:_Qr_uEL.J::_()_place this on a future agenda to consid~.~___it._ --'-C_--- .--- - -,.- ------------ ------ -MR. CARLYLE: ~Yes ,.._sir...- CHAIRMAN HANCOCK: -- with the understanding that at this time both the previous project and yours don't exactly have funds budgeted for them -- MR. CARLYLE: Yes, sir. CHAIRMAN HANCOCK: -- and how they fit into the overall framewo>>k is going to be the crux of the discussion I would guess. Okay. Is there any objection to Mr. Carlyle's request? COMMISSIONER CONSTANTINE: None. COMMISSIONER MAC'KIE: None. CHAIRMAN HANCOCK: Seeing none, Mr. Dorrill, likewise, ~ would you place Mr. Carlyle's request on a future agenda? f.lR. CARLYLE: Thank you. Item #8Al PUD SUBJECT TO AFFORDABLE HOUSING AGREEMENT CHAIRMAN HANCOCK: Thank you. Moving on to It under county manager's report, under commun elopment environmental services, staff revie ecommendations relative to __Ordinance 90 37, the Arbor u Mr. Badamtchian is stepping '~p to the plate Good morning, Commissioners. Chahram ~ ATTACHMENT NO. PAGE 4- I OF 4- Page 12 AG(N;)~ 1.1.[" "\ NO. 3 ((6)U-) APR 2 7 1999 It; ,-~..... ~:~~.- J".... PC" COST-SHARING AGREEMENT # 99- For Matched-Funding For Existing Landscape Improvements Within County Road 951 Roadway Median This Cost-Sharing Agreement entered into this day of , 1999, by and between the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as "the BOARD"), and U.S. Home Corporation, a Delaware Corporation, (hereinafter referred to as "the DEVELOPER") concerning construction work ("Work" specifically limited to "Construction Work") completed by DEVELOPER in connection with the adoption of the Collier County Streetscape Master Plan for County Road 951 ("Project"). Said Construction Work is set forth in the landscape plans and specifications and other contract documents hereinafter specified prepared by the DEVELOPER. Witnesseth: WHEREAS, the DEVELOPER has chosen to landscape designated roadway medians on County Road 951, fronting and adjacent to Naples Heritage Golf and Country Club, in order to benefit its development; and WHEREAS, the BOARD supports Median Beautification Improvements within the public road rights-of-way in Collier County; and WHEREAS, the BOARD'S Staff has reviewed the DEVELOPER'S installation for approximately 52,000 square feet of medians within County Road 951 road right-of-way. NOW, THEREFORE, based upon the mutual covenants contained herein and other valuable consideration, the BOARD and the DEVELOPER, for the consideration herein set forth, agree as follows: Section 1. Cost-Sharin~ Agreement A. The Cost-Sharing Agreement and the Exhibits described in Section 5 hereof and amendments relating thereto are incorporated by reference and made a part of this Cost-Sharing Agreement. Section 2. Scope of Work A. The DEVELOPER or its successor agrees to maintain the medians as provided in this Cost- Sharing Agreement at its sole cost and expense, for a period of ten (10) years from the commencement date described in Section 4 or until such time as the government agencies of Collier County, Florida, assume the maintenance responsibilities for same. B. The DEVELOPER has furnished and paid for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to fully perform and complete the Work required in the landscape plans and specifications. ATTACHMENT NO. PAGE I Z. OF 'Zz. 11. '''fiy'IE r · ~ ..c.~ PG. APR 2 7 lS99 '1 Page 1 of 4 Section 3. Construction Cost Amount The roadway medians have been landscaped in accordance with the permitted plans. The actual construction cost amount has been certified by a landscape architect, licensed in the State of Florida. Based on that certification, the BOARD agrees to pay to the DEVELOPER a lump sum payment equal to one-half (~) of the certified actual costs of said construction, being TWENTY-EIGHT THOUSAND SIX HUNDRED FIVE DOLLARS ($28.605.00) within sixty (60) days after the execution of this Cost- Sharing Agreement date. Section 4. Time A. The roadway median work is completed and has been reviewed for final acceptance by the BOARD'S Transportation Services Department Landscape Operations Section Staff. B. DEVELOPER represents, warrants and agrees to indemnity, reimburse, defend and hold County harmless from any and all costs (including attorney's fees and costs) asserted against, imposed on or incurred by County, directly or indirectly, arising from DEVELOPER'S performance of the median beautification and maintenance activities, and pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the protection of the environment which shall be accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Action of 1980, 42 D.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986, ("SARA"), including any amendments or successor in function to these acts. DEVELOPER'S indemnification of County shall include, but not be limited to, environmental claims concerning the median area as well as claims by neighboring property owners or the traveling public. C. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. In the event that the DEVELOPER fails to maintain the median as provided in Exhibit "C", the County may perform or contract out all or a portion of the maintenance services required by the Cost-Sharing Agreement and bill the DEVELOPER or its successor for such expenses. The County shall provide five (5) days written notice to DEVELOPER or its successor of the County's intent to perform the maintenance services. The County shall invoice for the maintenance services provided. The DEVELOPER or its successor shall provide payment to County within twenty (20) days of invoice submittal. ATTACHMENT NO. PAGE 'Z- 2- OF Z.-Z- !~;G~t ~X4- , APR 2 7 1S99 i PG. tf ~~~~ Page 2 of 4 Section 5. Exhibits Incorporated The following documents are expressly agreed to be incorporated by reference and made a part of this Cost-Sharing Agreement: Exhibit A: Exhibit B: Exhibit C: Insurance Requirements Minimum Maintenance Services Specifications Landscape Plans and Specifications Section 6. Notices A. All notices required or made pursuant to this Cost-Sharing Agreement by the DEVELOPER to the BOARD shall be made in writing and shall be delivered by hand or by United States Postal Service, first class mail, postage prepaid, return receipt requested, addressed to the following: Collier County Board of County Commissioners c/o Transportation Services Director 3301 Tamiami Trail East Naples, Florida 34112 B. All notices required or made pursuant to this Cost-Sharing Agreement by the BOARD to DEVELOPER shall be made in writing and shall be delivered by hand or by United States Postal Service, first class mail, postage prepaid, return receipt requested, addressed to the following: Peter Comeau~Yice President / Land Division U.S. Home Corporation 10491 Six Mile Cypress Parkway, Suite 101 Fort Myers, Florida 33912 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 7. Modification No modification or change to this Cost-Sharing Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 8. Successors and Assigns Subject to other provisions hereof, the Cost-Sharing Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to this Cost-Sharing Agreement. Section 9. Governinl! Law This Cost-Sharing Agreement shall be . laws of the State of Florida. its performance governed by, the ATTACHMENT NO. PAGE 3 2- OF "2.- Z-- - Page 3 vI'-i __.1 t~.1J) An( :{7 '999 ,.,,;;::.;;! Section 10. No Waiver The failure of the BOARD to enforce at any time or for any period of time anyone or more of ~he provisions of this Cost-Sharing Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 11. Entire Alp"eement Each of the parties hereto agrees and represents that this Cost-Sharing Agreement comprises the full and entire Cost-Sharing Agreement between the parties affecting the Work contemplated, and no other agreement or understanding or any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Cost-Sharing Agreement. Section 12. Severability Should any provISIOn of the Cost-Sharing Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other Section or part thereof. IN WITNESS WHEREOF, the parties have executed this Cost-Sharing Agreement on the date(s) indicated below. WITNESSES: DEVELO ER: U.S.H aDel 9t~ Il~v :r A ,v IS T L. ;oJ I fJ~eA./ Prib;:. :c: ;j~,,#-- LI4t!.,/k F: ~/I~e:rI Print Name By: Peter Comeau (j\ Vice President / Land Division (Corporate Seal) ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk By: By: Pamela S. Mac'Kie, Chairwoman Approved as to Form and Legal Sufficiency; ~J ;fr~ - ASSIstant Cou ty Attorney Date: ATTACHMENT NO. PAGE 4- Z OF Z. z- Page 40[4 t NO. Agtt5J I) , t A~r~ 7 1999 PG. 10 EXHIBIT A INSURANCE REQUIREMENTS (1) The CONTRACTOR shall obtain and maintain such insurance as will protect if from: (1) claims under worker's compensation laws, disability benefit laws, or other similar employee benefit laws; (2) claims for damages because of bodily injury, occupational sickness or disease or death of his employees including claims insured by usual personal injury liability coverage; (3) claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees, including claims insured by usual personal injury liability coverage; and (4) from claims for injury to or destruction of tangible property including loss of use resulting therefrom - any or all of which claims may arise out of, or result from the services, work and operations carried out pursuant to and under the requirements of the Contract Documents, whether such services, work and operations be by the CONTRACTOR, its employees, or by subcontractor(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable. (2) This insurance shall be obtained and written for not less than the limits of liability specified hereinafter, or as required by law, whichever is greater. (3) The CONTRACTOR shall require, and shall be responsible for assuring throughout the time the Agreement is in effect, that any and all of its subcontractors obtain and maintain until the completion of that subcontractor's work, such of the insurance coverages described herein as are required by law to be provided on behalf of their employees and others. (4) The CONTRACTOR shall obtain, have and maintain during the entire period of the Agreement insurance policies which contain the following information and provisions: (A) The name and type of policy and coverages provided; (B) The amount or limit applicable to each coverage provided; (C) The date of expiration of coverage; (D) The designation of the Collier County Board of County Commissioners (the "Board") as an additional insured and as certificate holder. (1bis requirement may be excerpted for Worker's Compensation and professional liability insurance.); (E) The following clause must appear on the Certificate of Insurance: Should any of the above described policies be canceled before ~e expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the ATTACHMENT NO. PAGE S Z OF Z. z.. r'~~o. AGL~@X , ) I APi'< 2 7 1999 l PG. / / Board as certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the insurance company, its agents or representatives. (5) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the CONTRACTOR shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the CONTRACTOR to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. (6) CONTRACTOR shall include the Board, the Board's agents, officers and employees in the CONTRACTOR's General Liability and Automobile Liability policies as additional insureds. (7) If the Board has any objection to the coverage afforded by other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with the requirements of the Contract Documents on the basis of its not complying with the Contract Documents, Board shall notify CONTRACTOR in writing thereof within thirty (30) days of the delivery of such certificates to Board. CONTRACTOR shall provide to the Board such additional information with respect to is insurance as may be requested. (8) The CONTRACTOR shall obtain and maintain the following insurance coverages as provided for hereinabove, and in the types and amounts, and in conformance with, the following minimum requirements: (9) The CONTRACTOR shall, throughout the term of the Agreement, be obligated to provide to the Board, on an annual basis, a copy of the current certificate of insurance which shall reflect the types and levels of insurance required under the Agreement. WORKERS CO~fPENSA nON State: Statutory Applicable Federal: (e.g. Longshoremen's) Employer's Liability: Statutory $ 100,000 CO:MPREHENSIVE GENERAL LIABILITY Bodily Injury: Property Damage: $ 1,000,000 $ LOOO,OOO Each Occurrence Each Occurrence " ..- Comprehensive General Liability Insurance shall include Contractual Liability, Explosion, Collapse, and Underground Coverages. and Products and Completed Operations coverages. . . All't e;lW-M Nv. ,- - ATTACHMENT NO. Z. PAGE C; OF ~ -z.. PG. APR 2 7 1999 /J... ~-..-~~~. -- COMPREHENSIVE AUTOMOBILE LIABILITY Bodily Injury: Property Damage: $ 1,000,000 $ 1,000,000 Each Occurrence Each Occurrence Comprehensive Automobile Liability shall include coverage for any owned auto, non-oW11ed autos and hired autos. ATTACHMENT NO. PAGE 7 Z. OF Z- 'Z- f-:~~- 1 AFi-; 2 Z 1999 r PG. /.3 ~~~,~=~~ -. EXHIBIT B l\fINIMUM LEVEL OF MAINTENANCE SERVICES SPECIFICATIONS These specifications (the "Specifications'') are intended to provide the information by which CONTRACTOR may understand the requirements of Collier County (sometimes herein, the "County") relative to furnishing Maintenance Services of medians constructed on County Road 951 . as described in the Agreement and Exhibits attached thereto (the "Contract Documents" or the "Contract"). LOCATION AND DESCRIPTION OF WORK AREAS. The areas of work included in these Specifications are located as described below and as shown on the plans attached to these specifications: 1. Those median islands where landscaping, and irrigation systems have been installed in accordance with the Agreement being located as shown on the Plans. 2. All areas ""ithin the Right-of- Way Lines of C.R. 951 to the North and South limit of work lines. SCOPE OF WORK The work covered by these Specifications requires a weekly servicing of all median islands and consists of furnishing all labor, equipment, materials and services necessary to satisfactorily perform the following items: A. EDGING Mechanical edging shall be done with each mowing along all sidewalk edges, back of concrete curbs, around all plant beds, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, trees and any other turf areas. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging v..ill also be required within the median and other Right-of-Way areas where isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, miter ends, inlet structures, etc. exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. B. MOWING -- All turf areas shall be mowed with mulching type mower equipment to eliminate the need to bag and transport off-site the grass clippings. Should bagging be necessary, the bagged clippings shall be collected and placed as directed by the Contract Manager, at no additional cost. All grass shall be cut at a height of three and one-half (3.5") inches. ATTACHMENT NO. PAGE 6' z. OF :z. '2.. r tw7j~LQ I APR 2 7 lr.'Q9 ~~r ~~. The turf areas shall be mowed at a fourteen (14) day interval during the winter months of December 1st through and including April 30th and once per week during the peak growing season of May 1 st through and including November 30th. The mowing and edging service quantities required for this Contract is forty-two (42). Four (4) additional services have been incorporated for unfores~en seasonal conditions that may occur requiring the areas to be mowed beyond the above specified schedule. These intervals of mowing may be modified by the Contract Manager pending weather occurrences. Any areas of turf that become water soaked during the period of this Contract shall be mowed with 21" (+/-) dia. hand pushed type mowers to prevent wheel ruts in the turf caused by heavier type self propelled rider mowers. Contractor shall be responsible for repairing any ruts caused by its mowers at no additional cost to the County. All sidewalks, guardrail base, curbing and/or gutters including a four foot (4') area from the face of the curb, shall be cleaned after each service. All sidewalks shall be blovm clean but no clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on Right-of-Way areas. Furtherly described as all presently unmah'1tained turf areas along the East and West roadway shoulders, from the back side of the existing curb to the Right-of-Way line or a minimum distance often (10) feet whichever is greater. C. STREET CLEANING A four foot (4') area measured from the face of the curb and/or gutters shall be cleaned at least once per month to remove any accumulation of debris or objectionable growth and to maintain a neat and safe condition. All curbing and/or gutters including a four foot (4') area from the face of the curb and sidewalk areas shall be cleaned after each service. All sidewalk/curb joints shall be kept weed-free and the sidewalks blo'Ml clean \\lith each service. No clippings or other debris shall be blovvn or allowed to be deposited on other adjacent property or accumulate on right-of-way areas. D. TRASH REMOVAL A weekly servicing of all median islands and adjacent Right-of Way are required to clean- up and remove all debris, paper, bottles, cans, other trash, fronds and horticultural debris. It is suggested that this pick -up also be done prior to mowing in all turf areas. E TRllv1MING AND PRUNING All shrubs, groundcover, and trees other than Palms shall be inspected, trimmed, and pruned on a weekly basis or as often as necessary to maintain the desired shape and form of r ATTACHMENT NO. PAGE 9 Z OF Z. 'Z.. ~N;~~G7~U;ry ,) ~ - I APf: 2 7 1999 . /5 PG. the landscape material as determined by the Collier County Contract Administrator. Ornamental grasses (White Fountain Grass, Fakahatchee Grass) shall be pruned in a tear drop shape to a ten (10) to twelve (12) inch height the first week of October and April. This item of work shall also include removal of suckers, poison ivy or any other objectionable growth which may fix itself to the shrubs, groundcover, grasses and trees. Privately ov.ned plant material which may en~roach into the roadway Right-of-Way shall be trimmed and pruned as directed by the Contract Manager. F. WEEDING OF PLANT BEDS AND OTHER MULCHED AREAS Weeding of plant beds, sidewalk/curb joints, guardrails and mulched areas by spot spraying and hand pulling will be performed weekly or as necessary to provide a weed free and well maintained area as determined by the Collier County Contract Administrator. Herbicide used for spot spraying shall be a non-selective herbicide. ' G. FERTILIZATION. SHRUBS. GROUND COVER AND TREES Granular fertilization of shrubs, groundcover and trees other than Pine Trees, Saw Palmettos shall be applied by hand in a ringed radius of twelve inches (12") from the base of the plants and twenty-four inches (24") around the trees. The fertilizer shall be placed at a rate set forth in the following schedule. The Collier County Contract Administrator reserves the right to change the fertilization schedule as needed to meet special turf or plant needs. JUNE 1997 REVISED ROADWAY LANDSCAPING FERTILIZATION PROGRAM Month Jan Feb Mar Aor Mav Jun Plant Beds 8-10-10 0-0-22 SPM 8.10-10 12.5#/1000s.f. 10#/1000 s.f. 12.5#/1000 s.f. Turf: Sl Aueustine (SR\ 15-5-15 O-O-22SPM (SR\ 15-5-15 6.5#1\ 000 s.f. 10#/1000 s.f. 6.5#11 000 s.f. Month Jul Au\! Seot Oct Nov. Dec Plant Beds 8-10-10 0-IJ-22 SPM 8-10-10 12.5#/1000s.f. 10#/1000 s.f. 12.5#/1000 s.f. Turf: St Aul!UStine (SR \13-3-13 O-IJ-22SPM (SR) 15.5-15 21-0-0 7#/1000 s.f. 10#/1000 s.f. 6.5#/1000 s.f. 4.5#/1000 s.f. NOTE: Singie Canopy trees located within turf areas shall not be additionally fertilized. Groups of three or more trees shall be fertilized per the plant bed schedule. -. f\iTf\CHMENT NO. Pf\GE /~ Z. OF Z 1.-- r-~N0.J101-, =; . ! Ar'k 2 7 1999 L_~ / {, H. MULCHING OF PLANT BEDS Remulching of all plant beds and tree rings shall be perfonned twice annually during the months of November and May. Before remulching, any remaining existing mulch shall be turned and mixed into the existing soil. Mulch shall not be placed over valves or valve boxes which are located within bed areas. Mulch material shall consist of shredded Eucalyptus Mulch Grade "A". The mulch shall be placed to a depth of two (2) inches of "fluffed mulch" measured from the existing soil grade. All weeds shall be removed prior to placement of the new mulch. 1. TREE TRIMMING (Palms) All Palms shall be trimmed once during' June of each year. The work shall be done in a professional manner in accordance with accepted trade standards. Tops of the Palms shall have all bro\\-n/dead and lower fronds removed from the tree. The trees shall not be climbed to remove the fronds. Access to the tree fronds shall be by ladder, boom truck or lift. All debris from the trimming shall be removed and work site shall be left in a clean and neat manner. When this work is being perfonned, it may be required to close one (1) lane of traffic using traffic control devices placed a sufficient distance in advance of and beyond the work area to maintain a safe and continuous flow of traffic. 1. ORNAMENTAL & TURF SPRAYING Overall Ornamental Spraying of plants and shrubs is included in these Specifications. 1. It is required that if a subcontractor will be perfonning these services said subcontractor shall possess and the CONTRACTOR shall provide the following to the Collier County Contract Administrator: a. Valid State of Florida Pesticide License that complies to all Federal, State (Chapter 482) and local laws and regulations. b. Bachelor degree in Ornamental Horticulture and/or Entomology or the equivalent practical experience as approved by the BOARD. c. Current contractors occupational license for pest control services. d. Before commencing work of any kind, the Pest Control Subcontractor shall procure the following insurance with insurance companies licensed in the State of Florida, and shall file evidence of such insurance with the Collier County Contract Administrator. All Certificates of Insurance shall include Collier County as an Additional Insured on both the Comprehensive Liability and Business Auto Liability Policies: ATTACHMENT NO. PAGE // Z. OF Z Z. Ir' H(;. A(;~:'t~) I ) l . APR 2 7 1999 . '1 PG. _ (1) Worker's Compensation - Coverage in compliance with Florida Law. The Policy must also include Employer's Liability with the limit of $100,000.00 each accident. (2) Comprehensive General Liabilitv (Including: Contractual Liabilitv) - Minim~ limits of $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. (3) Automobile Liabilitv - Minimum limits of $100,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. 2. A licensed spray company shall submit, and the CONTRACTOR shall provide to the Collier County Contract Administrator, a written spray program that shall incorporate the follovving minimum standards: a. Describe procedures, methods and techniques that will enhance the environment. b. Provide the maximum protection for the health, safety and welfare of the public and environment. c. List of all chemicals to be used. ~- 3. The CONTRA.CTOR and Subcontractor, if these services are provided by a Subcontractor, shall make on-site inspections and provide \\ntten reports to the Collier County Contract Administrator once per month. 4. Methods of Application: One Hundred Percent (100%) coverage and penetration shall be provided. Chemicals shall be manually applied by walking with hand held applicators, spray equipment or fertilizer spreader. a Insecticides and Fungicides shall be applied at a minirnwn pressure of 150 pounds. Chinchbug treatments shall be applied at the recommended spray mix per 1000 square feet of treatment area b. Herbicides used in turf areas shall be applied at a pressure of 50 pounds, herbicide shall not be applied when the temperature exceeds 850. " c. Spreader sticker (Nu-Filrn 17 or equal) shall be incorporated in all spraying of Turf, Groundcover, Shrubs and Turf Areas. ~- ATTACHMENT NO. Pfi.GE / t... Z. OF Z -z,.. tlc.~12g'iQ. AP" 2 7 lG')Q 1\ ,~~L I FC. / t It......."......,....,........~_-..-~____~<\..-- d. Spray applications shall be applied during times of II no-wind " conditions. e. No trucks/tractors will be allowed within the median areas. f. Provide and place, at a time of application, traffic control meeting Florida Department of Transportation. g. All spray applications shall contain a wetting agent within the mix. h. Fungicides shall be alternated in order to reduce resistance. 5. Rate of Application: a. All chemicals shall be applied at the rates recommended on the manufacturer's labels. 6. Materials List: a. All insecticides, fungicides and herbicides chemicals to be used on turf areas and on plat materials shall be submitted in writing to the Collier County Contract Administrator for review and approval. 7. Application Schedule: The nwnber of applications shall be as listed below unless othenvise required based upon the on-site inspection reports. K. SERVICING THE IRRlGA nON SYSTEMS 1. Weeklv Reauirements. a. Within each median, each zone shall be manually turned on and a thorough inspection conducted to ascertain proper operation of the system, and to ensure that no sprinkler heads/nozzles are spraying into the roadway. b. Check entire system and repair system for any blovm heads, broken lines and leaks around heads and valves. c. Check rain sensing devices for property operation and setting. d. The CONTRACTOR shall further adjust all sprinkler heads to ensure 100% irrigation coverage. e. Within the irrigated area, the CONTRACTOR shall review the plan~~~___ . t",..:"i"L~).t) AFR 2 7 1599 19 ;~,_""-'.o<.~,,__ ATTACHMENT NO. PAGE /3 Z- OF Z. z- PG. turf for dry conditions and if found, advise the Contract Manager and correct the problem immediately. 2. Monthlv Reauirements. a. Twice a month CONTRACTOR will check all zone wiring and solenoid conditions through the use of an OHM meter and document the results for future reference. A copy of the results shall be supplied to the Collier County Contract Administrator. b. Once every two months or as needed, CONTRACTOR v.i.ll clean the way strainer filters and inspect them for wear. Should excessive wear be found the Collier County Contract Administrator shall be notified. c. Manually run the system to ensure that no sprinkler heads/nozzles are spraying onto the roadway. Clean and adjust for proper coverage. General Service Reauirements 1. Should South Florida Water Management District or other Governing Agency establish water restrictions, the sprinkler system shall be inspected and all timers set as stated during the mandated hours of operation set by the District. 2. Replace defective heads/nozzles, installation or replacement of risers and repair of minor breaks or restricted sprinkler lines. 3. Replace damaged valve boxes. 4. Inspect, clean and replace if necessary, screen/filters v.i.thin the sprinkler heads. 5. Use only County approved replacements parts, and use only matched precipitation head replacements. 6. Under the direction of the CONTR.>\CTOR, or its authorized representative, the main irrigation lines and quick couples shall be flushed once a year. 7. Upon issuance of a "Notice to Proceed" the CONTRACTOR shall review the entire irrigation system and notify the Collier County Contract Administrator of any existing problems. The CONTRACTOR shall further adjust all sprinkler heads to ensure that all landscaped areas receive total (100%) irrigation coverage. 8. Total (100%) irrigation coverage shall e maintained within all landscaped areas while this Contract is in effect. -- C~,-~7!h}r t!K 0- ATTACHMENT NO. PAGE 14- "Z.. OF '2 2, t\PFl 2 7 1999 / PG. 'It) , _ 0( """"::;...,.~~~., 9. Notification to the Collier County Contract Administrator is required when acts of vandalism or accidents has occurred to the irrigation system. 10. Keep all grass and mulch out of value boxes. The inside of valve boxes shall be kept clean and the valves shall be kept 100% accessible. 11. Should the temperature be forecast to be below 340, the CONTRACTOR shall be responsible for turning the irrigation system off in order to protect plants from possible freeze damage. L. MAINTENANCE LOGS The CONTRACTOR shall complete and submit, for Board records, log sheets on a monthly basis and may be required to conduct on-site inspections with the Collier County Contract Administrator on a weekly basis to verify satisfactory completion of Contract requirements. The original forms for the log sheets will be provided to the CONTRACTOR for his reproductiu!l purposes. M. TRAFFIC CONTROL At all times while performing work required by these Specifications, the CONTRA.CTOR shall provide and erect any traffic control devices and use procedures confonning with the FDOT Manual on Traffic Control and Safe Practices. The CONTR.A.CTOR will be responsible to obtain a copy of this document and become familiar with its requirements. Strict adherence to the requirements of this document will be enforced under this Contract. To assist in employee visibility, approved bright day-glow red/orange colored safety vests shall be worn by employees when servicing the area N. !v1ISCELLANEOUS GENERAL MAJNTENANCE RESPONSIBILITIES. 1. If plants, shrubs, trees or foliage die due to neglect or damage by the CONTRACTOR, CONTRACTOR'S employees or a Subcontractor as determined by the Contract Administrator, they shall be replaced at the CONTRACTOR'S expense. 2. It shall be the CONTRACTOR'S responsibility to notify the Collier County Contract Administrator of any maintenance problems or additional maintenance needs. 3. The CONTRA.CTOR shall perform inspections on all plants, shrubs, trees and grass areas for disease or insect infestation. The CONTRACTOR shall immediately notify the Collier County Contract Administrator should a disease or infestation be found. ATTACHMENT NO. PAGE /S" Z. OF ~ Z- T-~~~I)_ API~ 2 7 1599 pr: oJl ...=",:....-.....~.~. O. MISCELLANEOUS IRRIGA nON MNNTENANCE RESPONSIBILITIES. 1. It shall be the CONTRACTOR'S responsibility to notify the Collier County Contract Administrator of any irrigation problems or additional irrigation maintenance needs. 2. The irrigation service personnel shall provide on-site 2-way hand-held communications during all services and/or inspections. 3. The irrigation service personnel must troubleshoot time clocks, i.e., power-in 110 volt and 24 volt fuses, 24 volt output when necessary. 4. The irrigation service personnel must troubleshoot any pump start relay, main fuses and capacitors when necessary. 5. It shall be the responsibility of the CONTRA.CTOR to provide legal access to pumps, time clocks, controllers, etc. at such time as Collier County assumes the maintenance responsibility for the medians. P. ACCIDENTS OR THEFTS. The CONTRACTOR shall be responsible to contact the Collier County Contract Administrator of any accident or thefts involving the areas within this Maintenance Contract. Q. RESPONSE TIMES. On a daily_basis, the CONiRACTOR, or a representative of the CONTRACTOR, may be required to travel to the site immediately to meet 'With the Collier County Contract Administrator or Sheriffs Department personnel to resolve an emergency and should the Contract Administrator contact the CONTRACTOR by telephone, beeper or radio. R CONTRACTOR'S EIvIPLOYEES. Employees of the CONTRACTOR shall be properly uniformed and provide a neat appearance. All employees of the CONTRACTOR shall be considered to be at all times the sole employees of the CONTRACTOR under his sole direction and not an employee or agent of Collier County. 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"'.~. >- o o 3 o z >- r- Ii ; " :i! " ... .. ... " 0 ~ ~ 1$ ~ i I ~~ g i ~ ~g H "i llil !!j; ~~ :l~ "~ r ;; s s ~ $ - - ... - ~ ~ ~ ~ " ~ ~ p 0 0 0 !' " i' r- C) :a o c: z o o o < m :a l' ~ " a ~ = g 8 ~ 5 r ~~ " ~ ~ = i 0 r' ~~ ~ ~q ~! ~~ ;;~ ~ .. ~ !S 2 .. (; " ... ~ ~ ~ ~ ~ .. ~ .. . 0 0 0 " r- ~ " " MeAN!.. Y ENGINEERING ~~~~ III~ ....--====-- a: ..., ~ ,,-::,::n.,...... ~ en ~ c: l:D en !i J 0 ~ < l; N " ;; 0 0 H ~~ ~ E "'i ~~ 0 ![ s ~ N' :::~ iD E~ ~" r !l~ i~ 0.. => :l S r- > ~ Z C -f !i (f) :a 0 m > ." l/l m !~ r- m f " z c ATTACHMENT NO. PAGE /9 Z. OF Z Z. r :). A(..[~~ L~).I) 1~~Pf; :,;.;'" -~-- ~~-- I~>t:- ~s~.,. [~ ! -- ; is > :j o z (I) m n ::1 o z o Ai ill" ill ill 1 I -... lMT I I ... _ u. f I J i: i r; I ! i I II i i Ii' I I it i I I I I . 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I ~ 11 ~ ~~ ~~t.i . ~~p~ ~ o~ rii= 5 U I: ~~ ~ g I> E ~ . ~ ~ ~ ~ 0 g;~ i _ 1I m ~ 3: 5 ;;; 2 ~ ... .. ~ m lil i ~ < ~ ~ I ~ ~ Iii :il ~ 0; ~ ): ~ ~ ~ ;= g f x n ~ .... ~ i \'" t ~ i\\ ;l) \J ~ '" z r. ~ 2 "' , ." \J , m ~ ;u ~;=~ ,. .. ~ ~ !II' ,.. ~ ~._ - :g ~~~! ~H~ ~H1121nH ~ ~ ~ 'e~ ~i~ ~!l..__ lfi~~~ U~~ ~~~ ~o221~ ~ O~~h~~2~~~i~2~~~~~~ ~ ~ii!:i;l~~~~ ~~~~i~~zf 2 u n ~~[l~f' ;I~IO\)I>~~li1 z )H= lil~~~~i~o~ ~g2~~o () ~6~O ~"oc~~oQoga~~a~~ ~ ;It i> ~ t;:.i I'< ~:.i ~~ ;;~ :;"' 5~" m hU ~S~~2HH:~~~; (f\ Ri ..... ir- alP I'"":::!,". ~ {; ~ ~d2 I;I~ 0 ~2~ ~ ~ 5~ ~\I ili ~ 1~ z ~ ~ t ~ Ii. ~ I il ~i ; ~ ~ ~ ~ !: ~ t II ;I oil ~.. .. E ~ ~ . S t ~~ 3 i ~ I ~ ~ l ~ f~~ ~ ~ ~ t I . ';l \) a 0: ~ :: 112 ;: ~ :: ~o ; ~ l ~HH! ~ j ;I l""" , .. u ~ . :::~6~p ~ h~ ~ ~;l; ~ .. iil;l: ;I ~ ili R i ; ~~'!~o~ H ~o~ol" ~l S ~ % ~ lil:; .- ~ ~ il !l t 6 (> .. H ~J ~ i1~ C g~ ~ft~ I~ ~ U ";J \) ~ ~ AI AI G' l> ~ () Z r m G\ m z lJ -- ATTACHMENT NO. PAGE -Z I z.. OF zz. ,~.~..~.... .~_'t!"".~"-'-~__ ~ t. N '. ~Li!(~"J.-() U~~:I\YlS9 1-- U.5. HOME CORP. NAPLES IERlTAClE . 151 MED~ - IRGA TIOH DET ALS ,-~ -- -~ -- 1=:: 1.1_ -..... -"... ~- I~ MeANt Y ENGINEERING !:!$L~~~ III~ --...=:::~ - ~ ....I,..:::;::-~~--- ~ MAIN~ANCE SITE ENTRY I I I I I I I g I I CO I I ~ I I I I I I I Q I I I I I I I I li~ h ill! ",5' ~~ Zj!l '" ~ CIJ um ~ NAPLES HERITAGE ENTRANCE jig E~ ,,~ ~g i'Ii' ~~ ~'" o~ ~c > ~ ! NAPLES NA noHAL MAKrENANCE SITE I I I I I I I I ,g I~ ~ .. .. II :lm i -- u.a. ..- CON'ORAnDH - ....... HERTA_ Nt IEDUNII , Q.LAII JrTf ANAL'" PLAN - .._---.---':':.~"--"'".... . ._.. .~T-._tIII_.. -,~ McANL Y ENGINEERING ~LESI~~ III~ --...=.=-=-- .. ....,~"'-::.=~- ~ n ... m )> II lD Ci I z -t ~ ~ 2 o o ~ o ~ )> F AT CHMENT NO. PA E -z.. "Z- I~:~I=- ~ Z. OF "Z z.. REVISIONS - Z -I m JJ In m o -I - p 0 ~ Z ~ ~ In ~ - a -I ~ m en e ~ C ~ - ! m I ~ ! Z o m :t> Z :t> r -< m - m [j r-" -;:srt~:f7b" J\ . I., g ~ II": 0' '"on .. .';.~1!'~~':_ - 10-09-1998 02: 04PM FROM MeANLY ENG WEER I NG & DES I TO 7745375 P.02 .. ~r III~ MeANLY ENGINEERING _ AND DESIGN INC. ~ ENGINEERING PLANNING LAND SURVEYING LANDSCAPE ARCHITECTURE October 9, 1998 ~._~_~___._....._-_-_--"'-"'" -'9'Ol; Mr. Edward Kant Transportation Director Transportation Services Center Collier County Government Center 3301 East Tamiami Tnil Naples, Florida 34112 qp,\- RE: Naples Heritage Golf & Country Club C.R. 951 Median Landscape and Irrigation Dear Mr. Kant: The purpose of this letter is to certify that I have checked and verified the attached application for payment and that to the best of my knowledge and belief it is a true and correct statement of work performed andlor material supplied by the Contractor. The purchase order in the amount of $3,057.75 is also true and correct. In accordance with the tetrtiS and conditiOns of the Contract, I have approved payment to the Contractor in the amount of $57,210.00. In addition, this letter is to certify that the professional landscape architectural services/costs in the amount of $8,901.48 have been paid in full for the project mentioned above. If you have M\Y questions 01' require additional information please do not hesitate to eotrtaet me. WIth Best Regards ~EngU>eeriDg and Design, In<. Kent Carlyle, ASLA DKCIlmd "1,; enclosure '. 1IDdIo;:I1riIIwonI'alIpIoobe\ccn.cIoc ATTACHMENT NO. :3 PAGE / OF S 5101 TAMIAMI TRAIL EAST, SUITE 202, NAPLES. FLORIDA 34113 (941\ n5-0723 FAX (941) nS-9236 r~~ ) -I :; _ ~\.H.. '.' I N(,. I ~ Ar}i') 2 7 1....n9 ~ t I 1\ ;;;;;! hOlfRL. " o?f t It... _..~ ~~_,- .:j-l";'-l::':lb Ul' UU"'I'I t-KUI'I J'1CHriL T t::1'iLJl J'iCCr:.l "ii.:! 0< J...'C::> l lU 11'-t..J--.lf...,) r .t.Jc:. 1 1: 'J.;. 197 -. ~ cm;TRACTQ'R.S APPLICATION F!:lR PAYME;NT ,,A' ,A ,"y ;rove Landseaoing, !~c. ,21 8~oadwav East .sta'ro. Fl 33928- ~41-992-18!8 Fax:941-992-3564 '-~I To :U.S. Home 10491 Six Mile Cypress Pk Fort Myers_ Pi 53912- ( Praject :Haoles Heritage 951 Medians P8yme~t R.~u.$t No_ L For Period :10/15/97 Job:A4Cl)3 To: 11106/97 -~------------------------------------------------------~------------------------ 1- '2. 3. 4. s. Landscaping Irri9ation Original Contract Amount--------- 50,167.25 3,965.00 S Approved Chan98 Orders----------- 0.00 0_00 $ Current Con~r.ct Amount---------- 50,167.25 3,985.00 $ Value of Work Completed to D~te------- (100.00%> ----------- $ Less Amount R.t~1ned------------------ (0.00%) ----------- $ N.~ AMount Earned to Oate----------------------------------- $ Retainage Earned to Date-------------- ( O.OO%) ----------- $ Net Amount Earned to Date----------------------------------- $ Less Amount of Previous Payments----------------~----------- $ aalance Due This Payment------------------------------------ $ ~- 0 -) 2 I 5' " CERTIFICATION OF CONTRACTOR '2 / ., t1/9r 54.152.25 0.00 54,152.25 54_J.52.25 0.00 54.152.25 0.00 54.152.25 0.00 54 . 152 . 25 Sy /5,..'1. r- - -0 Aecording to the best of my knowledge and belief. t certify that all items and amounts shown on the face of thi$ Request for Payment are correot: tnat all work h.as been performed & material Supplied in full accordance with the terms and conditions of the Contract. I further certify that payments. less applic- a~le retention. have been made through the period cove~ed by previous paymen~e received from tne Owner to all Subcontractors and for all materials and labor used in or in connection with the performance of thi$ Contract. ! also certi- __1 have complied with Federal. State & local tax law~. including Soei~l Security .aws & Unemployment Compensation LaW$ & Workmen.s c.ol'lIpensation La.....s & Mechanics _1en Laws insofar :as a~plicable to the performance of this contract. / Contractor ~~ Date: 0i-7-f8' /Z-.30Jf~ I O. 7. a. 9. Subscribed and . J.9 r certify that r have checked & Verified this applic~tion for Payment & that to the best of my kno.....ledge & belief it is a true and correct statement of work ~~rformed and/or material supplied by the Contractor. In accordance .....ith the term5 and conditions of the Contract, the undersigned approveS payment to the Contractor of Balance Due This Payment as shown above. 9y . Title:_M..r-'t d~y of Not.ary Public : state of Florida My Commission Ex~ire5 CERTIFICATION OF ARCHITECT/ENGINEER .1:: :~L=:~~~\?c Oate : '1.. 30" '1. Title: '.M'~...Ilo."'1!!. ~,.~,1'WL.T ~t'St1 07-30-1998 03: 28PM ATTACHMENT NO. PAGE z.,. 3 OF f"" ~-.........~...",,,,...._-,-- , )-i(,. ~c,;:.;,,~ r~) r APf~ "lL 7 l~'~'.q . v"""'W' ~ ' ^ ~() L ~u. --:;J Oi,______~ ob ;..,4C173 -- - - -- -- --- - - -- --- -- -- .----. --- ,-- --- -- -- -. - --- - - Sunny Grove Landscaping, Inc. (:(Jntr'~'ctol-'S Application for. Payment 11/06/97 Naples Heritage 951 Medians l)raw No : l ..--.---.-----.---....-.....-.-.-..----.-.-.-..-.--...--_._._._~--_._._--_....._._._._--_._.__._--_._--------- r>iv c::..de :1 Item Trees Quanity Name Price Each Size , , -----_._---_.__._---_._-~-------_._~._._-----_._._----.--.-.------.-------.-------------------- Total Price 1 50.00 Slas,h Pine 25 gal. 120.00 6.000.00 2 50.00 Slash Pine 15 gal. 65.00 3,250.00 .5 15.00 Live Oak 8-10' OA 110.00 1,650.00 4 20.00 Wax ,My r t 1 e , Multi Trunk 8-10' OA 120.00 2,400.00 5 20.00 Dahdon Holly 8'10 ' 01-) 120.00 2,400.00 ------------ . Division Totals 15.700.00 Di~ c'-Jde : 2 Item Shrubs , \, Quanity Name ----_._-------------------------~----~---_...~--------_._-_._---_._------~------------ Total Price Size' Plice Each 0 150.00 lamia to 92d. 45.00 6 , 750 . 00 7 300.00 Fakahatchee (j1'.:3,SS 3 gal. 7.00 2,100.00 8 400.00 Saw Palmetto .3 gal. 20.00 8.000.00 9 185.00 Ilex Vomitoria .3 gaL 7.15 1'~:~22. 75 10 132.00 80ugainvillea 3 gal. 7.75 1,023.00 .--*'.---------- Di.vision T \~ ta 1 s 19,195.- Div code :3 Item Ground Covel' Quani ty NamE! :::'lZ2 Price Each --_._"--~_._-_..-._----_._~--"-"- .."--.---------.------.--.-...---.----..-..----..------------~-------------- Total P r' ice 1l 12 l.~ 6.30.00 63(' _ 00 .'S70.00 Item Div code :5 Lantana Lantana. A::tec Grass 1 931. 1 gal, L gal. 3.25 3.00 3.00 Uivision Totals Non Plant Material Quanity Name 2.047.50 1.890.00 1,110.00 5.047.50 ------------------.------.-------------.------------------------------.---------------- Tot.al Price 14 15 16 17 460.00 1.00 1.00 399.00 Si..;.e Pro ice E-3ch Pine Straw Site Prep/Spray Traffic Control Duckbills Elales Weeds Lump Sum Sign Ren Lump Sum 6.90 300.00 2,250.00 0.00 D i vis ion T () t.it 1 s Re po I' t r 0 L3.1 s Floritam Sod Irrigation ATlACHMENT NO. Pfl.GE :3 .3 OF 5 3,174.00 300.00 2.250.00 0.00 5,724.00 45 . 06 7 _ '25 4,500 3 ,'~85 ~----~~~.~ . ~:,: ~.C'" 11 (... l t.:" 54~i!J5 I '"'-. "" ~ Aht 2 7 1::~J I ,.gl F'G. 08-12-1998 03:45PM FROM MeANLY ENGINEERING & DESI TO 7745375 P.03 rUS~J SOUTH PLORIDA DM8IoN .. .....,~.~. 1Ir.... ..t.t.."...._...I.._t.i.~'~:~ ~..~~~.1... ............ . -.-r-~.. ~ . ---.........,--.t,........,.,.. . .. ..... _.. 'r ~ . . '..'_.~ .......~- &'t..~[~~~::iiiE EXTRA WORtCOIaR N~ 11~1~ WORK ORDER ~(,V<<:'" ~6N ,U> -~ .,'), P'LAW&IV.: . WGft\; 10 c:ommence by. : WOfk Ordlttwc.tved by. ~ _~N C ~ D:'~ ...~ ====== === C 1uboonINDtor..... ~ rl- ~, ~ JII- ~Ohr :: (~;)~& WORK COIIPU!1ION C8RTIPICAft Cont'.., IIet9bY NPOI" completion of tN work 8UIhoriHd aboYt In oompn.nce with the .mw md c:oncftcn of tl , ~fb~ _ AgreeMent ~ ..........,ment or aM CONidet1dion set fOtI\ aboYeln 1he amount or $ ..., , 'l. 'O~ - Contmctor ~ that .. _ and matIrIeIa h8ve been pIid for In full. 1hat aI. wtthhoIdInO taus, IOOIIIl IlCUftIy -- . '~ ~ ... tor III' empIoyMa of ComnIctor hIMJ been paid. and upon r8Ceipt of payment fnMn U.s. Hon . CorpandIOft, ContnIctDr ..... and ....... .11 .ClIiOnIW aIairn& and c:Mmeftdl ....... U.s. Home 00rpcfttJ0n end ..... .. mechuIic'e. ~. ot ... ... ancI an I1ghta ~ file any IUCt\ Ilene In iN tutut. ag8Inet the ..... ~ on aooount of tJ worIC. ......lIqUl),.l~ and ~ perfOnned or tuml8hed by Conttactar. TRUED AS A WAIVER BY u.s. HOME AS TO WORK LATER FOtJtI CTOR FROM HtS LIAEMLJTY FOR WARRAHTlES AND WARRAN1 o.t.: o.w: 'Z'-1-flf" ~/rlf I . Wodc CornpIItfan ~ :-~...Y ._: alii .. ,,&I II aliI. -.. .......""." I -- I flAI ""... ..~:.p:m::7'"1t~~11) I /i,I. VI ! -- \ f,f'.., 7 .pc'" IJ.~ ( f; L ( I w ~:J ~IW I ~Ma I ~_. 1 ~. IJII''''..._, .Ita ...__..... -30-1998 B3: 29PM A.TTA.CHMENT NO. PA.GE 4- 3 OF .s- -roT~. . J~ 08-14-1998 09:01AM FROM MeANLY ENGINEERING & DES I TO 7745375 P.03 Su~ny Grove tands~~pi~9. Inc. ~1 eroadw~y E.$t E$tero. FI 33928- (94l)-992-i61S (941)-992-3504 - - It"lVoice NO. 1.329 ~'.l$tQlfler No. 0015 " . '. . '-~ . .'. Sill TCl.. . 'U.S. .Home 10491 Si~ Mile Cypress Pk ';~. .,. Ship To. . U.S. Ho~e Corporataion 10491 six Mile Cypress ~'_ Fort Myers. Fl 339l2- Fort Myers ~ F,l 3.3912- , ,'~ ~ -------------------------------------------------~--------------~-------- Date .. ShiJ) Via . F.O.B. Terms . . 11/06/97 " Pure. Order Order Date Sales Code Our Order Number 11/96/97 004 ------------------~---------------------_._--------------------------------_._-- Quanity Oe13cription Unit Price Extended Price --~~-----------------~------------------~-~----------------_._------~-~----~--- 0.00 0.00 '5.00 .55.00 9.00 30.00 eoo~oo . 16~OO. : l.00 0.00 15.00 24.00 68.00 . NAPLES HERITAGE = 951 MEO[~NS EXTRAS/CREDITS "Cfed~t Slash Pine. 25 gal. eredit Dwarf Bougainvillea Cr~it Palmetto, .3 gal. . Credit Pine StraM Bales ..Add Annuals, ." '~o~hing Soil, C.Y. Extended Traffic Control E)(tr.a Grading: At.9ull Noses. Man Hours At,Median~. Man Hours Dohuts tor Rotor~ 0.00 0.00 -120.00 -7.75 -20.00 -6.90 1.65 32.00 1.500.00 0.00 20.00 20.00 3.00 0.00 0.00 -600.00 -2.11 . 25 -180.00 -207.00 1.320.00 51;2 . 00 1. sdo.oo 0.00 300.00 480.00 204 _ 00 .... Purchas~s Sal.es Tax Freight Subtot..l Pril-paid Amount Due ,3:,0'5'1.15 0.00 0.00 3,057.75 OOC 3,057.75 .' . . / s r---........--..._-~~..-....""-~ i IiG. A(,~~.(," I~l.. ~ A""" 2 1"''''''' i j'-'r 7' .'0'1 ~ \ -...,..... i PG._ -5~ glOmt:- - /' 07-30-1998 03: 29PM ATTACHMENT NO. PAGE ~ .3 OF ,.-- RECOMMENDATION FOR A SPEED LIMIT REDUCTION FROM FIFTY-FIVE MILES PER HOUR (55 MPH) TO FORTY-FIVE MILES PER HOUR (45 MPH) ON VANDERBILT BEACH ROAD (C.R. 862) FROM OAKS BOULEVARD EASTERLY FOR A DISTANCE OF ONE AND ONE-HALF (11/2) MILES. OBJECTIVE: For the Board to approve a Resolution to reduce the speed limit on a portion of Vanderbilt Beach Road. CONSIDERATIONS: The Transportation Services Department has determined that a lower speed limit (45 MPH) is necessary to accommodate construction truck traffic associated with the Island Walk residential development, and the traffic from the Vineyards Elementary School as well as the Vineyards residential development. This speed reduction will assist in keeping traffic flowing smoothly while lessening the potential for crashes at the intersection of Vanderbilt Beach Road with Vineyards Boulevard and Logan Boulevard, respectively. A recently completed traffic study indicates that traffic signals are warranted for the intersection of Vanderbilt Beach Road and Logan Boulevard. The construction of these signals will be budgeted in the 99/00 work program. The reduced speed limit will also be necessary prior to the construction of the proposed traffic signal at Vanderbilt Beach Road and Logan Boulevard. ,.--.. A total of four (4) new signs will be required to provide adequate notice of reduced speed to motorists. The other changes can be accommodated by existing posts during routine work within the area. FISCAL IMP ACT: The estimated cost of installing the necessary speed limit and reduced speed ahead signs is approximately $400.00. Funds are available in the Road & Bridge Operating Fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDA TION: That the Board approve the Resolution reducing the speed limit, authorize the Chairwoman to execute the Resolution, and authorize staff to erect the appropriate traffic control signage. SUBMITTED BY: Dale A. DATE: 4/&/'1'1 I REVIEWED BY: Edward J. K APPROVED B~ Ed Ilschn r, Public Works Administrator DATE:LJ1" 7'i DATE: 4j/"/9'i ~ Attachment: Speed Reduction Area Map NO. AG~r( 8)(.2) APk" 2 7 1999 PG. I @ C/..D FI.CIN1A GOl.F CI../,i8 . :J<l ~ \~ o'?- "'F l>_~.<l: ~~B\eNN~\~ 0"., Cr ,to WilSHIRE =,~~"-~G.5~t' Q\ wv E,,'}': LAKES ';) co"'"g,.~ :lNE~OW6~ 5 " \", ~ '-, g/3 q."("t~ \~ :~I l.... C'ri'Y~ ~EXT. '" -~ ..... 31 ,- DAN1EcS RD HUNTERS RD .NDALWOOD LN ,~E RIDGE LN '"TLE8RUSH LN , ...' is <J: }STON WOODS LN i ffi Dr ~ i~ ~ . S~GA re ~z CHRISilAN ~ ~ SCHOOl .. HISPERING PINES LN -- ~ i:! ~'L.. ~u ~"-.E9 r \)'''''''"'0' u.I -z-\ -' \ ~~';- ~~ W,\TER-:" J " g~'(- - "\;:~~~~:sC,~;~171~~~=CONTINUES ON OPPOSITE 51' IDE "'J FELDFAIR DR ..j 'Iv ,-, :clEXECUTIVE I 'i DR 1.0IllGSH..., IMMOKALEE NI'!_ I \ AV sw 12TH AV SW I. 13TH AV 5W .7 0 " AV sw 10TH AV SW z oc 8 15TH AV BLVD I GREEN BLVD ~ ~ I TH P V> AV SoN ~l ~I .... ~ v v>1 '" IDj S , -I., 20TH AV N AV ,. 20TH AV NW J ~ 4 laTH AV NW 16TH AV NW 14TH AV N\.... I '" '" oc 32 0, I 12TH AV NW I I 10TH AV NW VANDERBILT . I I EW': "e;~ 1 I ~;'" J ~II /~ i\- '0 "\U . GV0 U M~)I ~ ~DS/7 !~I / Cj I- I--' m,vwEYA"CS GCLF ~ I I \ · .~.,""' D I .... '" <.;> .c\ I 10TH 12TI< 14TH 75 GREEN , .... f t.L<O )- CIl':> ~.~gcs g;~DL..AND AV :E, I RD z _ ~:4~ :l!::w:.c ~ ~<4 ~ :I a::~~ . @- - J- IU oil %:: !.!: ~, I ~ I :;: '" oS:t.o.o ~ CRYSTAL'" ~ KE >~. I W~ ;>" ,,s- LAKE ,t'" .. RV RESORT 1-- \ I I : I i I ! TREE FARM RD SPEED REDUCTION AFZEA 2E~ MEADE 1\ I I I AV 951 RD EXT. 7TH AV NW r'" AV NI," 5TH AV NW 5TH AV NW 3RD AV NW 3RD AV 11I1" 1ST AV NW 157 AV NW IS7 AV SVJ 8TH 7TH AV 01 >. iii I 5TH AV I cr w a: w' ~I 3RD AV I 157 AV I GOLDEN G BIG Cl"PRE: 157 AV 2ND AV SW 3RD AV 51" 0 a: a: 0 4TH AV svv W' ~' ~: >-, I. V>' v>' 5TH <, <' AV 51" l); l): 3RD AV c > 0; " 5TH AV cr w a: w ;: 7TH AV , ~ I 9TH AV ! WHITE ... 11TH AV I '. I 13TI< AV .- "" I '", AGEl'" !liJ ~ I NO.'5TH (fi (~ j""APR 2 7 ,.,1.999 I 17TH -- 6TH AV 5W 7TH AV aTH AV SW RIDGE :19f RD 10TH AV SW I I 11TH AV 51" SW 1 RESOLUTION NO. 99- 2 3 4 A RESOLUTION AUTHORIZING A SPEED LIMIT 5 REDUCTION FROM FIFTY-FIVE MILES PER HOUR (55 MPH) 6 TO FORTY-FIVE MILES PER HOUR (45 MPH) ON c.R. 862 7 (VANDERBILT BEACH ROAD) FROM OAKS BOULEVARD 8 EASTERLY FOR A DISTANCE OF ONE AND ONE-HALF (1'/,) 9 MILES. 10 11 WHEREAS, Chapter 316, Florida Statutes, perrnits the Board of County 12 Commissioners to alter established speed limits on roads under its jurisdiction; and 13 WHEREAS, C.R. 862 (Vanderbilt Beach Road) falls under the jurisdiction of the 14 Board of County Commissioners; and 15 WHEREAS, in accordance with Section 316, Florida Statutes, the Board of County 16 Commissioners may alter such existing speed limits as may be appropriate upon the basis of an 17 engineering and traffic investigation; and 18 WHEREAS, the results of such engineering and traffic investigations deterrnine that 19 the reduced speed limit is reasonable and safer under the conditions found to exist and it confornls 20 to criteria promulgated by the County. 21 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 22 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 23 24 1. The Board of County Commissioners does hereby establish a forty-five miles per 25 hour (45 mph) speed limit on C.R. 862 (Vanderbilt Beach Road) from Oaks 26 Boulevard easterly for a distance of one and one-half (1'/,) miles, and does hereby 27 direct the County Transportation Services Department to erect appropriate advance 28 warning "REDUCE SPEED AHEAD" signs and speed limit signs giving notice 29 thereof. 30 31 2. A copy of this Resolution be forwarded to the Collier County Sheriffs Office for 32 proper enforcement of the of the established speed limit for C.R. 862 (Vanderbilt 33 Beach Road) within the designated segment. 34 35 This resolution adopted after motion, second and majority vote favoring same this 36 _dayof 37 ,1999. 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk By: PAMELA S. MAC'KlE, Chairwoman Approved as to forrn and legal sufficiency: , _ ~j d f () ~ pJ.J.Iv.---' Thomas C. Palmer Assistant County Attorney NO. AG~t 81). L ./ APR 2 7 1999 PG. ..3 EXECUTIVE SUMMARY ..- CONSIDERATIONS REGARDING ADDITIONAL T-GROIN CONSTRUCTION ALONG BIG MARCO PASS AND THE DREDGING OF THE ENTRANCE TO COLLIER BAY. OBJECTIVE: To obtain direction from the Board with respect to the petition presented as Agenda Item No. 7(B) at the meeting of the Board of County Commissioners on April 13, 1999. CONSIDERA TIONS: A request has been received from the City of Marco Island via Resolution No. 99-2 attached hereto, relative to the need for dredging the entrance to Collier Bay and the installation of additional T -Groins along Big Marco Pass. It is our understanding that the use of Category "A" TDC funds is proposed as the source of funding for this request. As such, the established procedure for obtaining approval of same as set forth in the TDC guidelines is that it shall be subject to review and recommendations from the Beach RenourishmentlMaintenance Committee and the Tourist Development Council for the Board of County Commissioners consideration. The staff recommends that such procedure be adhered to with respect to this request. .--- ..--....-\ , FISCAL IMPACT: The estimated cost for the design and construction of this request is \. \ ~ as follows: A. Additional T -Groins: (1) Design and permitting - $68,575.00 (2) Construction - $229,057.00 B. Dredging the entrance to Collier Bay: (1) Design and permitting - $99,745.00 (2) Construction - $190,000.00 Such costs are not included in the current budget of Fund 195, Tourist Development - 60%. GROWTH MANAGEMENT IMPACT: None RECOMMENDA TION: That the Board of County Commissioners direct the staff to present this request to the Beach RenourishmentlMaintenance Committee and the Tourist Development Council for their review and recommendations. ~ NO. AGr{8Jr? ) APR 2 7 1999 PG. I -- Executive Summary April 14, 1999 Page 2 PREPARED BY: REVIEWED BY: ~~ Harold E. Huber, Project Manager III Public Works Engineering Department ~. :7 /S ~.~-'? Jeff Bibby, P.E., Director Public Works Engineering Department APPROVEDBY:~ Ed Ilschner, Administrator Public Works Division HEH/lh.ex.sum.BigMarcoPass cc: Beach RenourishmentlMaintenance Committee - DA TE: DATE: ~./s-. 9~ ~ /;:'---); 7 DATE: 4/L/?j1f r~~._ AY(B)l3) APR 2 7 1999 PG. ~ U~iU~~~~ FRl 1J:08 FAI 9~lJ89~J59 CITY OF ~ARCO lSLA\D @002 ) C., .1- f M. ~r I 11 ll.lCY <CD. \ cClJ:"J<C<O> .1.8 ceLll3.cri - ____...__~"'4lI(.,6.~_ ~~ ~ - April 2, 1999 Michael McNees Assistant County Manager 3301 East Tamiami Trail Naples. FL 34112 Dear Mr. McNees: The City of Marco Island respectfully requests that Mr. Frank Blanchcrd, acting as Chairman of the Beach Advisory Committee, be offered the opportunity to address the Board of County Commissions under public petitions on April 1311>. Mr. Blanchard desires the opportunity to present the Board with the need for dredging Collier Bay and the installation of two T- groins along Big Marco Pass. Said presentation will be consistent with a resolution approved by City Council on February 1, 1999, which is attached for your reference. Mr. Blanchard will be seeking BCC support in directing CountY staff to expedite the permit process necessary for the dredging and insta[lation of the two T-groins. By the resolution approved by City Council, the work desired should be completed in 1999. Should Mr. Blanchard not be able to appear before the Board at the April 13l" meeting due to scheduling/agenda constraints, the City would appreciate your efforts to ensure prompt placement on the next Board of County Commissioner's agenda. Sincerely yours, /d#~ A. William Moss City Manager Attachment NO. A'~f~(8)()) APR 2 7 1999 pc. -8 Sl50 !\!onh Collit:r BOlllc\"~rd, Suire JON, ~1arco Island. F'L J.1145 (941) 3,~9-5f)UO fAX (941) 389--!359 V1'U~ ~~ t~l lJ:US FAX 9~13~9~359 CITY OF ~ARCO ISLA\D ~OOJ RESOLUTION NO. 99-2 A RESOLUTION URGING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL. PROTECTION AND THE US ARMY CORPS OF ENGINEERS TO ALLOW PERMANENT T-GROIN INSTALLATIONS AT HIDEAWAY BEACH AND THE DREDGiNG OF COLLIER BAY INLET. WHEREAS, the shoreline along the Big Marco Pass has been suffering from severe erosion for the past several years, and WHEREAS, it is believed that the migration of Coconut Island has opened the shoreline in the vicinity cf Hiceaway Beach to increase impact of wave action and, thereby cause substantial erosion to the eastern shoreline and near Collier Bay Inlet, ar.d WHEREAS, this erosion over the past four or five years has decimated the conservation area, causing the loss of more than one hundred trees, and WHEREAS, the 1997 "Big Marco and Capri Pass Inlet Management Stl.:dy" prepared by Humiston and Moore Engineers. proposed the use of T-Groins as structures to help stabilize this beach, which resulted in the placement of temporary structures, and WHEREAS, Humiston and Moore Engineers now recommend installation of additional T-Groins and the placement of permanent structures to help stabilize the beach, and WHEREAS, the Collie; Bay Inlet continues to close due to the migration of sand into the Inlet, thereby causing navigation to be difficult and unsafe. NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Mc.rco Island, in Council duly assembled, that the Florida Department of Environmental Protection and the US Army Corps of Engineers are urged to allow permanent T-Groin structures to be constructed in 1999, based upon justification demonstrated by the successful placement of temporary structures. BE IT FURTHER RESOLVED that approval be granted to dredge the Collier Bay Inlet with the dredged sand to be placed on Hideaway Beach Passed in open and regular session of the City Council of the City of Marco Island. Florida, this 1 5t day of February, 1999. Ail ,J / I .tJJJ~ I~ A. William Moss City Manager/City Clerk Q&~ David E. Brandt, Chairman AGf,JjO} REJ! NO. ~ lB)(3) APR 2 7 1999 pc. 4- ,- EXECUTIVE SUMMARY ADOPT THREE (3) RESOLUTIONS AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE OR CONDEl\1NA TION OF FEE SIMPLE TITLE INTERESTS AND/OR PERPETUAL, NON-EXCLUSIVE, ROAD RIGHT-OF-WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY RESTORATION INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF THE FOUR LANE IMPROVEMENTS FOR GOLDEN GA TE BOULEVARD BETWEEN C. R. 951 AND WILSON BOULEVARD, CIE NO. 62. OBJECTIVE: To adopt three (3) Resolutions to acquire by gift, purchase or condemnation of fee simple title interests and/or perpetual, non-exclusive, road right-of-way, sidewalk, utility, drainage, maintenance and temporary driveway restoration interests by easement required to complete the four-lane roadway improvements for Golden Gate Boulevard between C. R. 951 and Wilson Boulevard, CIE No. 62, (hereinafter referred to as "the Project"). CONSIDERATION: On October 28, 1997, the Board of County Co'''-'''<ssioners adopted Ordinance No. 97-55 therein establishing the 1997 (Seventh Annual) (..1pital Improvement Element of the Growth Management Plan. The Transportation Element of the County's Comprehensive Plan was adopted in Resolution No. 97-62 for CIE #62. ---- On April 28, 1998, the Board of County Commissioners adopted Resolution No. 98-107 authorizing the County Staff to acquire by gift or purchase certain easements and fee simple title to the property and property interests required and necessary for the four-lane roadway improvl.:ments of Golden Gate Boulevard between C. R. 951 and Wilson Boulevard. Staff has reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the construction of the Project and the Board finds that the most feasible location for the additional road right-of-way for the construction of the Project is more particularly described in Exhibit "A" of the attached Resolutions. Since staff will be unable to successfully negotiate with all of the remaining property owners to obtain a Temporary Driveway Restoration Easement on property that is currently vacant but may be developed prior to the completion of construction, staff is recommending that the Community Development and Environmental Services Division attempt to obtain a Temporary Driveway Restoration Easement from property owners when they apply for a building permit. The Temporary Driveway Restoration Easement will allow Collier County to improve the driveway from the new sidewalk to the elevation of the driveway being constructed. ,r-. ~"-:'~~~A}ldf~)~~~l APR ') "'I 1Q(H; ~ t. ('",);) I '. _"",!.~:;..:;::~;;k;:::.,;.;;:-:-.,.,;-:;::;;;:;,,-::;~j ~ ,- ~ .9.9 FISCAL IMPACT: The right-of-way acquisition cost estimate has just recently been updated to reflect actual appraised values and all of the most recent design changes. Total acquisition costs, from Parcels 101A to 169 and 188,216 and 320, representing the first mile and a half (1 1/2), are estimated at $1,278,141, and includes all land, improvements, and severance damage pay-outs as well as all overhead costs and expenses which may be incurred through condemnation. Final judgment for those non-exclusive, perpetual easements referenced in Exhibit "A", are required to complete the four-lane roadway improvements for the Project. Due to the number of parcels comprising this project, additional Resolutions for the remaining three and a half (3 1/2) miles needed to complete this project will be presented to the Board in the near future. Funds are available in FY 99in road construction gas taxes for the Golden Gate Boulevard Project Account No. 63041. GROWTH MANAGEMENT IMPACT: As a Capital Improvement Element project, the recommendation is consistent with the County's Growth Management Plan for CIE #62. RECOMMENDATION: That the Board of County Commissioners: (1) Adopt the attached Resolutions authorizing the acquisition by gift, purchase or condemnation the fee simple title interests and/or the perpetual, non-exclusive road right-of-way, sidewalk, utility, drainage, maintenance and temporary driveway restoration interests by easement required to complete the four-lane roadway improvements for Golden Gate Boulevard between C. R. 951 and Wilson Boulevard; and (2) Authorize the Chairman to execute the attached Resolutions. , ~ PREPARED BY:~ua.__---~~." ('ie", Deena L Quinn, Senior Specialist Real Property Management Department REVIE\\iED BY: ~ /~ --- A. N. Korti, Project Manager Public \Vorks Engineering Department y /5'J~ DA TE: ~/. I) . "i 1 DATE: ~f/I.s-/~7 DATE: 07'//"-/;11 REVIE\VED BY: J€)/.~-;,l .;;r' Richard t IclIriegel, Senior Pr . ect Manager Public \Vorks Engineering Department --:.:;t /( "f;'; J~.A~rt;? DATE: -7<~s'-k REVIE\VED BY: DA TE: -~-/21 ,......,.<-.u.....,fl...,...-:r\~....:.~':.r.-..;~'7=......_.---.....-""'1 ,~.. (A'-'4'" , ~1O . ... .~ fl.?) ,l'.'.L I AD:.; ., .., "...,...,~ i I " L I '~i:; J P . pr. cJ I :'L....".,~ ,~~,~ ;:':;:~:\;~~.';;;.';":_';:' ~::--::'.~:_ ::;:_~:-:;~,-...._! RESOLUTION NO. 99- A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT, PURCHASE OR CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND/OR NON-EXCLUSIVE, PERPETUAL ROAD RlGHT-OF-WAY, SIDEW ALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY RESTORATION INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF THE FOUR-LANING ROADWAY IMPROVEMENTS FOR GOLDEN GATE BOULEVARD BETWEEN C. R. 951 AND WILSON BOULEY ARD PROJECT, CIE NO. 62, WHEREAS, the Board of County Commissioners, on October 28, 1997, adopted Ordinance No, 97-55 therein establishing the ] 997 (Seventh Annual) Capital Improvement Element of the Grov,1h Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects The Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No 97-62; and WIIEf~EAS, the four-laning improvcmcnts to Goldcn Gate Boulcvard Road between C. R, 95] and Wilson Boulevard is one of the capital improvement projects required under the Transponation Element of the County's Comprehensive Plan; and WHEREAS, the Board of County Commissioners, on April 28, 1998, adopted Resolution No. 98-] 07 authorizing the County StafTto acquire by gift or purchase certain easements and/or fee simple title to the property and property interests required and necessary for thc Goldcn Gate Boulevard four- Janing roadway improvcmcnts of Goldcn Gate Boulcvard betwcen C. R, 951 and Wilson Boulevard; and WHEREAS, the location for construction of the proposed improvements has been fixed by survey and is collectively rcpresented by the Jegal descriptions comprising Exhibit "A" attached hereto and incorporated herein WHEREAS, after considcration of the availability of alternate routes and locations, the comparative costs of project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board dcsires to excrcise its right to condcmn property for public purposes NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has becn determined by the Board that the construction of the four-Ianing roadway improvements for the Golden Gate Boulevard betwccn C. R. 951 and Wilson Boulevard, (hercinafter referrcd to as "the Projcct") is neccssary and in the public's best intcrcst in order to protcct the hcalth, safcty and wdfarc of the citizens of Collier County. Page 1 r. ~':-,":fi~~"?: - I J...: r'"' i\ "/ / .'... '.:', i l ,~. , J i PG...3 I ~.~~... ~~.~ ,7;, ~..;;:,.:~' :;:;;.:;,: ;~-;..-.;;;,~'.:;-;--J AND IT IS FURTHER RESOLVED that construction of the Project is part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Gro'W1h Management, as approved by the Florida Department of Community Affairs, AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the project, various impacts to the environmental, public safety and welfare considerations associated with the design and construction of the project, and the costs associated with the design, property rights acquisition, and construction of the project; and the Board finds that after consideration of these issues, the most feasible location for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is necessary for the Board to acquire the various real property interests described Exhibit "A" to wit fee simple title interests and/or perpetual, non-exclusive road right-of-way, sidewalk, utility drainage, maintenance and temporary driveway restoration interests by easement AND IT IS FURTHER RESOLVED that all property shall be put to public purposes AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above-referenced real property interests more particularly described in Exhibit" A", attached hereto and incorporated herein AND IT IS FURTHER RESOL VED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired, This Resolution adopted on this _ day of 19_, after motion, second and majority vote, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA A TrEST DWIGllT E. BROCK, CLERK By:_~________ .___ PAMELA S. MACKIE, CHAIRWOMAN Clerk Approved as to form and legal sufficiency: I . I I _ LLL~LL__.-l__I/ licidi F, Ashton Assistant County Attorney Page 2 1-~~~';1t~JZ0l APk ,., 7' 1;~Qq J i L.v ,." PG. __.__'i:~__...____ 1"._.,,,..,." "M...' ".' T~9< "N",,~ EXHIBIT "A" ~~ _",-';";"1.&-' - ::-. - (Attacbed) f-:~~~)Zi)- I APR ') 7 'c;qq · _ (_ 1,,__ i I I tu,,~,,:;~,,~~.:z;;.. -_"::;'7:__1 '0-- r:~i,~ ...J PROJECT NO. 63041 PROJECT PARCEL NO. 122 A FO\.\o ~O 3LP1~ltll\OCCO I EXHIBIT "1\" LE GALDESCR1EIIQN_~KEI.cJ:f (NOT A SURVEY) The South 15 feet of the North 65 feet of the West One Half (1/2) of Tract 80, Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. // _!!9J~TH PROPERTY LINE 1 -"-"-J' ..-..- EXISTING R^Y LINE ! IE XI STING 50 FT. RNI EASEMENT ..----..-- _.._~._.._.__.._.._.._._------ 15 FOOT, DRAINAGE AND UTLITY EASEMENT _WE:~IP.BQI'~RTY.!oI!!L_~ . EAST PBOPERTY L1~_ \ N \ . \ - 165 FEET _ SOUTH ~ROP~~TY LINE T-- dfP2P';&iI~~ft?lr'-~:~J"" ~ (~X;5'-'- EORGE R RICHMONn P L 1{17:00 7' I SCALE 1 lOch = 100 feet PUBLIC WORKS ENGltlEERING DEPT ~r ,',... 1'-'''''' 3301 EAS r T AMIAMI TRAIL - r\ L' 7 '- '-: y NAPLES ~ I OR1DA 34112,. ..,)..... OJ -~- --~-- -- -- - _n__________n_ ------ -- -~- -~----.-- __LpG. d, CO'i t:' County Real Prorerty ~.1~nagemenl Department 00, 15198102PM"""A';"~",;"''' '~~;H ~.::--:;.-;:;..._ PROJECT NO. 63041 PROJECT PARCEL NO. 1228 fG/c Ale' 36 7& 7"~hoCX:Jfo ()(~!Bn "[ LE GALOESC.R.lE.JJ UN. & SKETCH (NOT A SURVEY) The South 15 feet of the North 65 feet of the East One Half (1/2) of Tract 80, Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. / NORTH PROPERTY LINE 1 ",,,::~::,~"Cl' -.. -~~ :~)~ :~. -. ":'.""~'~~_':"~'.'~~'. -.. -.. 15 FOOT, DRAINAGE, UTILITY AND MAINTENANCE EASEMENT // WEST PRQI'~RTY ~ ~T PROPERTY LINE . . \ N \ \ 165 FEET SOUTH PROPERTY LINE i SCALE: 1 Inch = 100 feel P~EDBh/, //~' X"~W'"';"~"'~';"l'-' 1 ~/'",'d'~G"?It;/(#4r' Ii:. .'f' "lfJX-2LL I ' >RGE R RICHMOND P L S!'{2406 UBLlC WORKS ENGINEERING DEPT, , . 3301 EAST T AMIAMI TRAIL A ,") , 'i..., ~ ('. '"' ,., NAPLES, FLORIDA 341 12 ~ i i. I 1:::- J J i 06123.'519;20-~ '..;,;:' --'Z;;;-;:;;;~:';7~J Collier Coun~f Real Propelty ManaQerr<lnl Departrn<lnl () PROJECT NO. 63041 PROJECT PARCEL NO. 123 c:- /O/O;VO 3~ 7/t/3~Oc;06 ('7 \ . ] [';<~lBli lite. LEGALJ1ESc.Rl~TJQN & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the West Olle Half (1/2) of Tract 73, Golden Gate Estates Unit No.3, as recorded in at Book 4, Page 77 of the Public Records of Collier County, Florida. , // /' NORTH PROPERTY LINE 1 165 FEET / / WEST PROPERTY LINE . . EAST PROPERTY LINE \ N \ _ 15 FOOT DRAINAGE. UTILITY \ AND MAINTENANCE EASEMENT (GOlDEN GATE BLVD,) . . . . . . . . ..~ . .1. . . . . . . . . . . . . . "-"-'j-"-"-. (EXISTING 50 FT. Rfi.I E~SEMENTl EXISTING ANI LINE _~_n~~~~.._.. _ SOUTH PRgPERTY L~ CDllier County Real Prop.rtf M'na~.menl Department rW"~~A~",~' ,..-- .. ~ ".~~~ ~R".91~;;? / / .Ii N::. :'~(.~~~3~) ~/.. /c~/k/7Z-1'. Y;.-- _ GF.ORGE R RICHMOND P l S it 24 ... SCALE 1 Inch - 100 feel m~AlIC WORKS ENGINEERING DE T A i1 WI 'i 7 ~ (: () 0 3301 EAST TM1IM11 TRAil I 1\ L l.~ ...J NAPl ES FlORIDA 34112 Q ------------ - F-G.---' 0 o 126m 2:l3 Pi.i~~;:::;~-::;':;.: ?"':. -->~ , \~' t -- ~J.....:' f~H 0.\ " PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 124 T 36714340004 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 83 feet of the North 10 feet of the South 85 feet of the East One Half (1/2) of Tract 73, Golden Gate Estates Unit No.3. as recorded in at Book 4, Page 77 of the Public Records of Collier County, Florida. '~7~:f:'a:;[Y~:~l~i~H , v '-, ~-.A-Lj- -I- I AUR ~ ., ~I?:HMo~:;fji/lcoJ PUBLIC WORKS ENGINEERING DEPT 3301 EAST TAlv11AM1 TRAIL . NAPLES, FLORIDA 34112 PROJEc O. 63041 PROJEC i ;-)ARCEL NO. 125 ~.. 1.),5 p, ;b/;oM;.' 3u7/~.00X5 \~5 Q - 1,1.5' ,- - ~t*,2&'nyj;/.:;J;.._-,., ~:"~"~"'~~'-l ~~~rRICHMOND PL S # 2:(os1 ;.. .cr,..'" '1'gi'\ J- PuBL'C WORKS ENGINEER,ING DEP NO. 1;' ( .d."\rL , ' I 3301 EAST TM1IAMI TRAIL - Q_\.91C_ NAPLES. FLORIDA 34112 un__ AI'I~ 2 7 1S~J I 06/26196 :20 PM , /~ r ~.."~~.(:, :;:;:,:';;;-':'~,'" -.. . ~::=:'.:;"....! O:liiSii "~' LEGAL DE-.SCRJeIlQtL&.SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of Tract 88, LESS the East 90 feet thereof, Golden Gate Estates Unit No.3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. 1)/ The North 25 feet of the South 75 feet of the East 90 feet of Tract 88, Golden Gate Estates Unit No.3, as recorded in Plat Book 4, Page 77 of the Public Recorus of Collier County, Florida. NORTH PROPERTY LINE _ .t 330 FEET WEST PRQPERTY LINE ,) .. EAST PROPERTY LINE 25 FOOT SIDEWALK, DRAINAGE, UTILITY AND MAINTENANCE EASEMENT (SDUE) I 15 FOOT DRAINAGE. UTILITY AND - . . . .r . .M~'~T~.NAN.C~ .~~~.E.M~.~~ .(~UE: . . . . . . . . . . . . . . EXlsmw R/W LitlE --~-~- . -. .1'(~:S;'~G-:O'F~~~:~~E~T;. T'" -.. -..- GOlDEN GATE BLVD, .n20UTH PROPE~~NE -j SCALE: 1 inch = 100leet Collier County Real Propolty Managcrnenl Dcpa1lmenl ------ _ \~?, ,I,; .,......' \', ,,:,.i., .. r~'";:.. .... ~. :--,.vt' PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 125 T 36715160005 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 183 feet of the North 15 feet of the South 80 feet of Tract 88, Golden Gate Estates Unit NO.3. as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. . . ..,I-~~~-t~~~51 . .' A [t. J .~ 7 1:'" (, , .' ',' (I", L! j~: J I " ! P AR;DB L:.slIILc: ' ~ o~:l?~'6'Pis:~{t4 UBlIC WORKS ENGINEERING DEPT. 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 PROJECT NO. 63041 PROJECT PARCEL NO. 130 A /':o/u:;) /1/ (). 30 7 &; 5(LL:()cJ::) 7 ." , ',- ~'~k \ ,,','.'..Hl l-' LEGALDESCRWJUQ~~~ETCH (NOT A SURVEY) The South 25 feet of the North 75 feet of Tract 97, Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. ...J'IQ8Tt! ~ROPEIill liNE (EXISTING 50 FT RNI EASEMENT) - "-.. -.. -.. -..-.. _ .._.._.._.. _ ..t.. _.._. (GOlDEN GATE BLVD.) -.. -. .C,,~,~u,,- 25 FOOT SIDEWALK. DRAINAGE. ~ UTILITY AND MAl NT. EASEMENT . WEST PROPERTY LINE. ... <.. fASTPROf'ERTYlINE. 330 FEET _SOUTH'pRgf'~RT!~N.E=.r' ~~E9})A? h Ii a?~;::7/;7/4-:t/ J!JX:f./ ~ ORGE RRICHMON9 P L S,,q.:06 PU8L1C WORKS ENGINEERING DEPT, 3301 EAST TAMIM11 TRAIL NAPLES, FLORIDA 34112 SCALE 1 inch: 100 feel Collier County Real Property Management Oepal1menl 06/25198 226 PM , . ,. j I N, ~~~~I6iJ5 ~ ,;:'\.'::\ '1 7 11' '"' r"l J. L. :;~;~ PG / c:L ~..~.~. _._-,._~ .,.".'".-....".,.".'*"'".:-.~:,----"...." .'.~~.;:...:-,.;,- "t' ~I ",. ~ ~.'~J~\m t ;\~ PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 130 AT 36765600007 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 70 feet of the West 140 feet of the South 30 feet of the North 105 feet of Tract 112, Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. r:,~.[WIg5@l ...... APR 2 7 1593 i 0;;~c",it7i;t=.T- ~C~lIC WORKS ENGINEERING DEPT. 3301 EAST TM\iAMI TRAIL NAPLES, FLORIDA 34112 PROJECT NO. PROJECT PARCEL NO. 3&11JJw3ltiOOO :5 ..../ 63041 130 B ll~ !'J ..'\\ ~" r'" l'''. .... ,.1'\ "...... LEGAl.J2E.SCRIPTION & SKETCH (NOT A SURVEY) The South 25 feet of the North 75 feet of Tract 112, Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE 1 (GOLDEN GATE BLVD) (EXISTING 50 FT ANI EASEMENT) -.. _.. _.. _.. _.. _.. _ .._.._.. _.. _. .l.._.. _. ,/ -'fIESr i'RQf'ERITLINe...- P~RED~Y/J I /~J-~-_..,."...~-n'4' k_~__ [:;. /)c.:J!.~ . ,. " ,-. .., ~7.~'~ ~i,:/V; "5 tn. "t. ~ t..I ~ORGrRRiCHM",'mpL. ,'24 6f -----(i~/ ,.(1'~~lIC W('R~S ENGlr~EERING DEPT, 3301 EAST TAMIAMI TRAil Ar.,. l^"'Q NAPLES. FLORIDA 34112 I~ r< 2 7 ::;; 'J ~ 061l5198~':'~'~:F_:.-;;;:.~{~t;;;... ;:;;;.. 25 FOOT SIDEWALK, DRAINAGE. ~ UTILITY AND MAINT, EASEMENT EXISTING ANI LINE \ N 1\ . _.illU'JillI:EEI't.J..lli.E.. 330 FEET ~QUTH PROPERTY lIt~E 'f SCALE: 1 Inch < 100leel Colli" County Real Plopelt, Mana,e,T,enl Departmenl \ , . ~ -- . ~ , C'-' ~~ I: S'~: .. \-, 1-,.... PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 130 BT 36766360003 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 120 feet of the South 25 feet of the North 100 feet of Tract 112, Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. r' ,~~~,~,,,,^~_.,,~...-.~-..""",! PR~~D tf < ~O A,;-,:,".~1Jce11 ~ ~C<~L.Ij(,.L... ......yjri/.47 VI, R E ,RICHMaN PL . ,:?:1~'? _ .' _. ~ UBLlC WORKS ENGlt EERIQ(P 'L 7 b ,; J ! 3301 EAST TN;11AM1 T IL t NAPLES, FLORIDA 341 2 p" / ,..., i ". ..-. .__..~...;:! .. ..._- =1'SJ.'.,:;>_..2.-"'.-J.-...~""'..:.y 'D-" ",-.:L ...,,,....:...,.-.,.::;..,,.,.........,. '..... ' PROJECT NO. 63041 Pj3.0JECT PARCEL NO. 131 m/;odo. 3~7/~:lG)XD3 . , _ ~ . -I I 't l.EGAL.D.ESCRIPTIOti..&~ SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 150 feet of Tract 104, Golden Gate Estates Unit NO.3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. / / NORTH PROPERTY LINE 150 FEET ;/ WEST PROPERTY LINE . EAST PROPERTY LINE 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT EXISTING RfW LINE - ~~'.-.-=-:-.~~. . - . . (GOLDEN GATE BLVD.) '.-..-.j-..-.. (EXISTING 50 FT. RJoN EASEMEN i) -~--~----------- '---r _~_~!_Ii PROPE!'TY lIN~_....J SCALE: 1 inch = 100 leel 21"'7BJ'l'/ / j, / " ~~/)ZU '1I,I)/ff'f I'"__=um.,' :"':::~; -'~'-,Y~-'l EO(("ER, RICHMOND pf's * 2406 ! · _c "'l~ - ~~''cl) PUBLIC WORKS ENGINEERING DEPT'} NO. 0 ~ 3301 EAST TAMIAMI TRAIL '. .9, ....-.,. ~ - NAPLES, FLORIDA 34112 -- -- ^)' '1 7 1""-;1 06/261929 pM' I L ;,; ~, W p,~. I tP j ~~.- -~: -,--.,::;':';,-;:';';':~ :;;:,;..";:-~~~~;;'~~.-... Cotaer County Real Property Manageil-Jenl Departmenl tJ -.--------11--- PROJECT NO. 63041 PROJECT PARCEL NO. 132 IV/o/tlo. des, '7 j(Pd29ocoO .-- .......- ~\\-\\B.\1 \If.," . ' LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the West One Half (1/2) of Tract 105, Golden Gate Estates Unit No.3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. tWRTH PROPERTY LINE 1 165 FEET , , //. WEST PROPERTY LINE EAST PROPERTY LINE . \ N \ 15 FOOT DRAINAGE. UTILITY \ AND MAINTENANCE EASEMENT (GOLDEN GA TE BLVD.) ..... ....:..1.............. ..-"-.r..----. (EXISTING 50 FJ, RNI EA,SEMENJ) . , ~\ ,- ,......,. EXISTING RNI LINE -.. - .._.:~.. -.. ~OUTIi PROPERTY LINE T ,."~:-" .~,. ," 2RErA ~ -, ," ~ ,. c._'''_'J~' ", '''~-'-~'.:' ""'\ /"'/~ . t / /J _.r-'.t,( r:~. f ,f~". ,,~01;;;.7 r .'<. ". .;/ Eoy?[fR RICHMGND P ('{{ 2406 tl~ '"1 l PUBLlCWORKSENGINEERINGOEPT.:f ). 3-,{0X,V, " - \', 3301 EAST TAMIMII TRAIL , NAPLES. FLORIDA 34112 'I~' 2 7 1"';' r, t -- -', t I 'V. ~<...... t 06/26/98 2 1 PM P . I '1 ~ ,,-~~~=~<,_.___c"~~;;.~~:,,".;':;~--;;.:.;;:.>;.:;:~~-~,:' SCALE: 1 Inch = 100 feel CC'llIer County Real Property Manilgemenl Department 0Y .~..... PROJECT NO. 63041 PROJECT PARCEL NO. 133 /1JleJ ;(0. Be/; 71ft:>.;l80CO '7 . ~l :) 8<HIBH "f\" llGAL DESCRIPTIOli& SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the East Orie Half (1/2) of Tract 105, Golden Gate Estates Unit No.3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. NOR TH PROPERTY LINE 165 FEET - J/ ", WEST PROPERTY LINE I EAST PROPERTY LINE 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT EXIS liNG RNi LINE --: :~-:~-~~. . -. . (GOLDEN GATE BLVD.) ..-'.-.,-"-..-. 1 - .. - - . -.. - -... -'''" ,- -.. -.... (EXISTING 50 H.RNI EASEMENT} SOUTH PROPERTY LINE SCALE: 1 Inch = 100 leel j27~4(dK1fo: :/PIJOLlC WORKS ENGI'JEERING DEPT J301 EAST TAMIAMI TRAil NAPLES. FLORIDA 34112 r-~:,: ~-:;(fi)YiS~ - -I I);~ 2 7 1-:'''::: '1 06/26198 2 2 PM - v " v I_.".~~..::;.-:;"r:{::;;:;:. ;::"-:.;';,_ Colne, County Real Properly Managemenl Dcpal~ne"' PROJECT NO. 63041 Pj3..0JECT PARCEL NO, 137 9 rolttJ /\10. 3/P8~OCYI 000 . ." ." ~. 'l: Ir F'i~_l".. -: d LEGAL DESCRlEI1Ql'L& SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the West 180 feet, together with the North 10 feet of the South 75 feet of the East 20 feet of the West 90 feet, of Tract 1, Golden Gate Estates Unit No.6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE 70 FEET 110 FEET PLA TIED 70 FOOT --------. ~- ORAIt~AGE EASEMENT I f , // WEST PROPERTY LitlE EAST PROPERTY LINE '4------ I 10 x 20 FOOT DRAIr<AGE, UTILITY I AND MAINTENANCE EASEMENT U -1 : 15 FOOT DRAINAGE, UTILITY EXISTING RNI LINE . , , . , , . , . .l..",; , , ' , . , . L - AND MAINTENANCE EASEMENT _ ~'.. _" _.. J.. _. .:...., _...L.. _.. _. ._. _,. _.. _., _, '_.._ ._.._.:., (GOlDEr< GATE BL VD,) i i (EXISTING 50 FT, RNI EA?E;:~.N~! . . ZPARED BY ~ /J /~ / ~' fi/efl'J./Y/f?: /. ORl{E'R, RICHMOND PS . 2406 . PUBLIC WORKS ENGINEERING DEPT. 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SOUTH PROPERTY LINE SCALE: 1 inch = 100 feel Collier County Real Property Management Department 06/26/98 3:32 ~ _... f",7' ,.t~ '. r< ,-.'C...'f ;., "./1~..,., "I i~ 0 (~ .., '\ . ....Qu" . .."L- .' , .j 7 { " ,. !'I -\,' ~\ L, 1.)~lj ~.~ I 9 . . ,:?;:_~--;.,...:.~:~',;"--";.:::;;:.:::';:::'~~~. f.:(\-1iBn o~~:. PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 137 T 36860040009 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the North 10 feet of the South 75 feet of the West 180 feet of Tract 1, Golden Gate Estates Unit No.6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. ,.--. , ,.' .""~ ..._~.--. 'lr~:.;;~:~~fi,'t <4) I , _... '0-. __ _. · ',' Ark 2 7 L:.' ~ , 020 ~ 0~~V~;~-i ~Eo~IfiICHMOND P L,s,{&bs PUBLIC WORKS EtJGINEERiNG DEPT 3301 EAST TAM/AMI TRAiL . NAPLES, FLORIDA 34112 PROJECT NO. PROJECT PARCEL NO. 63041 138 L\'O.JI 3(,q, IOH 600~ LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) f~~\~~1 ,J{\': The North One Half (N Y2) of Tract 15, Golden Gate Estates Unit No.5, as recorded in Pial Book 4, Page 91 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE (EXISTING 50 FT. RNI EASEMENT) (GOLDEN GATE BLVD,) -.. -.. -.. -.. -'.," -.. -.. -.. -.. -..-..-. EXISTING RN! LINE 30 FT PERIMETER INGRESS AND EGRESS EASEMENT (IN USE) --.: .- 30 FT NORTH Y. TRACT 15 \ L i ~TH PROPER~ I I I I I I I I I ~ I SOUTH Yo TRACT 15 70 FOOT PLA TTED DRAINAGE EASEMENT --Y!'!':llPROPERTY LINE .--1.~ST PR9!,E~TY~NE ,..-' ." 330 FEET ;;r::[~g/L0d .0~~[;g[i:g~~~~~E~~r!~~, e.u...."lf:.:~Cib:~:..')<(. 1 3301 EAST TAMIAMI TRAIL I." 1 '-I J , NAPLES, fLORIDA 34112 . ''',,______.__._.-:J..../ i 03i31t9928Prft,PR 2 7 E:..3 i L-"PG .~;;-~.-:-~~.L;;c~~J SCALE I Jf)ch = 100 feel Collier County Real Prope~ Mana'.emenl Department r~'~- ~,- -.~-.~..., ~-.,~,~ N 'Sce/J(tj) 06/26/98 350 MAP R. 2 7 F '; i'"j f"..o~,' '7'~;"~?;~::~:.:~2~_ PROJECT NO. 63041 PROJECT PARCEL NO. 139 /iJ/;o;v(; 3~B {pC:VB CGO I '; .;, I J' ~ LEGAL m~S.cBJEIlQN. & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 150 feet of Tract 1, Golden Gate Estates Unit No.6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. -1:QRTH PROPERTY LINE 150 FEET .- WEST PROPERTY LINE ----~ EAST PROPERTY LINE 15 FOOT DRAINAGE. UTILITY AND MAINTENANCE EASEMENT EXISTING RJW LINE -~=--~~.._.- '-----.r..-'. (EXISTING 50 FT. RM EASEMENT) (GOLDEN GATE BLVD.) .- SOUTH PROPERTY LINE 2ef>A~EDfl~?: d ji;% . ?2",~..~X'/://h c@rl R RICHMOND P L, # {Io/". PUBLIC WORKS ENGIr<EERING DEPT. 3301 EAST TM.1!AMI TRAIL NAPLES. Fl.ORIDA 341 12 SCALE: 1 inch = 100 reel Collier County Real PIOPClty Mana,emelll Depaltmenl .----- ----- 8<I1J81T fJA" PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 139 T 36860080001 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 73 feet of the North 10 feet of the South 75 feet of the East 150 feet of Tract 1, Golden Gate Estates Unit No.6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. ~R RE~: ,pf / ~ ... _~d'1:UcL! ,-1#"'7 , u~L~r~i:~~f~~~~Ei~,~~~~:,."c~~&,",(" :a..V:' I) "1 3301 EASTTAMIAMITRAIL . f.v. a,. J:'/A-"i , NAPLES, FLORIDA 34112 I ~ . _.__ I A!;l~ 2 7 L~:J I ! p:; <,...,q{ ~._ __h._ ~ :t._;o.-.........;~~~~-._.J.'J .A:.....~..~_ ..'_' .,1:.... """h<!.C O'~'._' -,..r-.....-.-: PROJECT NO. 63041 PROJECT PARCEL NO. 140 !1J/;o NO. 3&>8/c9':< 000/ EXHIBIT llGAL DESCRIP-IlON & SKETCH (NOT A SURVEY) [XHIGIi "i\" .--- The South 25 feet of the North 75 feet of Tract 16, LESS the East 30 feet thereof, Golden Gate Estates Unit No.5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE 1 IEXISTlNG 50 FT RJN EASEMENT) -.. -.. -.. -.. -.. -.. _.._.. _.. _.. _.. t.._. GOLDEN GATE BLVD, -.. -.. -'.-" -..- 25 FOOT SIDEWALK, DRAINAGE, ----1 UTILITY & MAINTENANCE EASEMENT 11 EXISTING ANI LINES , , \ N \ \ . .SYESIi'.B.OJ'ERrrllliL-. 1..+.EA5I l'R.Qp.ERrrll~ 300 FEET _SgUTH PROPER~I,I~_.J ,30FT 30FT; .- ~L/'/ L g~~ ~~C~iO,"D ?:~~~ ~C~L1C WORKS ENGI'J[EflING DEPT 3301 EAST TA'>1!AMI TRAIL ~JAPLES. FLORIDA 34112 . i .,,~: '~'k~' (e;X'1j- --1 'I :-, 2 7 V'" '\1" r\ I,,,;j 06/24198331 PC,. .n . ~-~l ,.__ !!' .,,,"',.... ,", .... ,.,........-.-..' "'r-'~.;......_.;",._v.."J_"''''''''",,,",_ SCALE: 1 inch : 100 feel ColI,er County Real Property Mana_emen! Department PROJECT NO, 63041 PROJECT PARCEL NO, 142 '1 ..j 1'\). 7> /6/;0 /1/0. 368/o9&CCtJ3 1'11- A- I ~I}... -g- LEGAL DESCRIPTION-.& SKETCH (NOT A SURVEY) f\i.HIG\1 ';';' (SDUE) - The South 25 feet of the North 75 feet of the West 180 feet of Tract 17, LESS the West 30 feet thereof, Golden Gate Estates Unit No. 5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida, (DUE) - The South 15 feet of the North 65 feet of the East 150 feet of Tract 17, Golden Gate Estates Unit No.5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE (EXISTING 50 FT. PJW EASEMENT) ~,' J. _.. _,. _. ',_" _. .1.. _.. _.. f 150 FEET "...... ..~......, . . .. .. L " 'ON "COw^', o~~ '~:~:~~'~~~~J" AND MAINTENANCE EASEMEN (SDUE) """'~- ,~" [~.l !/ / W~IE~EERrr~__. ~__EAST PROPERTY LINE , ..) ;,: '30 FT 30 FT' 300 FEET .L I SOUTH PROPERTY LINE i . ........ ,,'~~ ", S (r '.~, "'"I:':~' ~R REDB'!' I j 1i6~ _--<ff;!2r2L/,; /09'r ORGe R. RId{~ND1PL S. 240(/ UBLlC WORKS ENGINEERING DEPT 3301 EAST TAMIAMI TRAIL IJAPLES, FLORIDA 34112 '.... -~- .~. .~,.- ,"'.... ;,; ,"c:?:'-(j~ ) O. . ?A-i SCALE: 1 inch . 100 feel , ; .', ,') 7 ,., c.", I" 1\ I... Iv;'.:! 06130/98 3.44 ~ c:< s.. ~ ."~n,::: ;.-;: '~~:.;:.:;-;;~;:c.~',:::::;:';!~.~. CoUier County Real Prope'~i Managernenl Depaltmenl PROJECT NO, PROJECT PARCEL NO, /::Ola ;tit, 3~9(P/~G 000;) 63041 143 .l.EGAL DESCRlE~_IlQN. & SKETCH (NOT A SURVEY) F''- ~ : \G1"\ ,-, ,~I.'r The North 25 feet of the South 75 feet of the West 180 feet of Tract 31, LESS the West 30 feet thereof, Golden Gate Estates Unit No.6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida, i L NORTH PROPERTY LINE 130 FT 30 FT 1 150 FT , I , . WEST PROPERTY lItjE . EAST PROPERTY LINE -> i~- 60ft, EXIS T ING PJW LINES ~ , .., ...... .C:-.-:, , .... 25 FOOT SIDEWALK, DRAINAGE, UTILITY AND MAINTENANCE EASEMENT _.._.._.._.,_.._.l (GOLDEN GATE BLVD,) L,._ .._., _.. _,. _.. _"_ .._. ._... j IE XI STING 50 FT. R1W EASEMENT) ----~-- -"1' _~9UTlI.f'I1.oPERTY lINE-..-J SCALE: 1 inch . 100 feel . ;;;rED BY ,~!/ I:tkr c:~~~~-r:&\~''" 6~~.":::"'.'[6~Ei5.1 NAPLES, FLORIDA 34112 I , 06/30, 8125APF{ 2 7 L~ J ! PG. _.,'_.~_~_ :~,'~-::: ,,_,~ _'<-.<;'=<.,":.:,'-.-n:'....i-~.'-_.."""'.,::T._..-,....-.<-'O., Colliel Countj Real PlOperty Managemenl Department f~H\Bn .1 \' PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 143 T 36861680002 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 68 feet of the North 20 feet of the South 95 feet of the West 180 feet of Tract 31. LESS the West 30 feet thereof, Golden Gate Estates Unit No, 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida, '). f' ~_.. ""."c~ .C'h '.., .---. ~PAR70/3~ ~ , ;, -';~fl'~ ~ . p,P'/,,/p ,.ppp#'Z'.fY , . t.... EORGE R. RICHM NO ,^l/.{// o"jOii, ,'" . PUBLIC WORKS E INdRli-.6 O(p1 ! ~ ,. .: f 3301 EAST TAM1AMITRAJL " NAPLES,FLORIOAt411~G, ~ ". : ..".~__..,~.;;;-:,;';c;,:,:: Z'~',,::.c;,::-;_ PROJECT NO, 63041 PRyJECT PARCEL NO, 144 I ro/;o #0,' 3&8 &;/'7;2.coo D!Hil3lT 'W' LEGALJ2f.SCRIP-IIQN & SKETCH (NOT A SURVEY) The North 25 feet of the South 75 feet of the East 150 feet of Tract 31, Golden Gate Estates Unit No, 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida, ----"'.Q.1J.r.t!J'RO~RTY LINE 150 FEET WEST PROPERTY LINE "'H __ ____._ ,_~ EAST PROPERTY LINE ~'~""_"_'_'_n__._ 25 FOOT SIDEWALK, DRAINAGE, --UTILITY AND MAINTEI;IANCE EASEMENT EXISTING PJW LINE _',__:_~..___..u~.~).. _.. (GOI DEN GATE BLVD I ---"-'r---" .. -.._-. -.. -.._- --.. --. -- (EXISTING 50 FT. RNI EASEMENT) SOUTH PROPERTY lINE.....1 ~~_.'_______'n..___~._ _~__ SCALE: 1 inch = 100 feel /) ~7 PRtPARED ~,:?,/7 /, r/ _ , r!'/J/L'J4 ..t'/yft;- .;:;tOifr,E R RICIIMO ~ 2406 PUBLIC WORKS ENGitJEERiNG DEPT. 3301 EAST T AMIAMI TRAIL NAPLES, flORIDA 34112 iT"'."~'" ., ': ""':,H':~._~ ;1" N(). S.te/i4J A"', I', ,.., 7 .,-.~-. I"'K L i,:,,_,J t",.., ~:;:;;;:;,;;.;.;:~il1:c c~.~;,~. __, 06130/98 103 PM c( I\er (:n\Jrlty Real Pro0cri, Manag~menl Oeparlmenl t''\":-. j'J_~': ';,:~:1 W\, :,...,,1 ) b PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 144 T 36861720001 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 64 feet of the North 15 feet of the South 90 feet of the East 150 feet of Tract 31, Golden Gate Estates Unit No, 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida, ",' :I''';~;~~i,r;'-:U"."t',.~~;: -:~ '" -')--1 , . ,.6_.. 0 .."iJ I . . .........J,' ',-' .': ", . A';R 2 7 1.;..'j i ,- ':', L PC .'.~ ',.:.il.J{~.' ~P~E~ B ,"~~:~'lf]."~L:~",. ~Ck/?g:d:.I<Y/~9 ~ EftJRGE R, RICHMonD PLS If 2406 , PUBLIC WORKS ENGinEERI~jG DEPT, 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 l PROJECT NO, 63041 PROJECT PARCEL NO, 145 rO\"o ~O, 31.oC([; 115' 00002- C::i,;:i "(1" LEGAL OJ;SCRIPtLQ.N.~ SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of Tract 32, Golden Gate Estates Unit No.6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE 330 FEET ,_'>'!!'~.:r7PERTY ~ EAST PROPERTY LINE ~--- 15 FOOT DRAINAGE, UTILITY AND EXISTING PJW LINE ".",.. r=, ~~I~~E~~~~~, ~~~~~~~~,.,""',.,.. -" -' .L.. -.. - r -. ;E:S~I~~5~~T-~~S~~~;)' -., -.'- . - ~ . - . ~ - . . - ., '-,..... . GOLDEN GAlE BLVD, .'''-;.. SOUTH PROPERTY LINE ;_f. ",.,;&',..,. P A ED BY' ' , . " ,~fl~ " "'~'f,:....~.o<..~,- .."":...''":. '.""w"_""~'''''' ~~ER RICHMONDPLS,'~~' . c"'" :e;'?1IJ t '........PUBLlC WORKS ENGINEERING DEPl NO ,0 I . ' 3301 EAST TAMIAMI TRAIL ' " ',--\;;: ,. _ I NAPLES, FLORIDA 34112 I '---:-.... -h\Pi' '} ':' , 06/23/9 9:39 AM . f.. 7 1..,., j PG. ~O "", ~-'lJ.'l-~c.,~s:.......::::''7..,~,~"~;-::':-::;~--;:-:-.,,:_';':-:,;,,: ,._ SCALE: 1 inch' 100 (eel Califer Callnty Real PlOpelly Managenl€nl D.par~nenl PROJECT NO, 63041 PROJECT PARCEL NO, 146 fZ;/;o Alo, 3&8//o0/tJOO E\~ .!jf3U I~~ LEGAl.. DESC.BJ.EJlQl'L&. SKETCH (NOT A SURVEY) The South 15 feet of the North 65 feet of the West One Half (1/2) of Tract 18, Golden Gate Estates Unit No. 5,as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. ~ ...-- ~ NORTH PROPERTY LINE ",,,:;~::"::'~lJ -.. -~~~ }~~ - .":''''~~'~':'~'''":'. -.. -. 15 FOOT DRAlt/AGE, UTILITY AND MAINTENANCE EASEMENT / WEST PROPERTY LINE /// ~ EAST PROPERTY LINE , . 165 FEET SOUTH PROPERTY LINE SCALE: 1 Inch . 100 feel ~p Z-ARE~Y~/ /d/~"/' r""'~U- ~<':~'~""';'.'-:~ ,- , ...., ,/'?:':/./j.(;f/f.f' ~~\?- .' " .I ;F RGE R RICI MONO P L ,# 2406 /In 4 Lj PUBlICWCRKS ENGINEERI.NG DEPT. .1 .. .",.._.{6~"" 0 3301 EAST TAMIAMI TRAIL NAPLES.FLORIDA3~11~__,___,_____ ;;" ':' 7 ~,-,:,,;~ J\ L. ,....;,.._ 06/30/98 3.tPM "2 / D'^ ,;.t. . ~~~~.. :.: :,;:,':";;~-';;;'-;:;;:,;.::;;~;-,:~:-::.;,::;;;:;-- Collier County neal Property Management Depar~nenl '!:'VHlqlT \l~" t-.,\l ~t. ,Ill PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 146 T 36811001000 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 130 feet of the South 25 feet of the North 90 feet of the West One Half (1/2) of Tract 18, Golden Gate Estates Unit No, 5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. P~AA~7EO//J~ ,/,/ !f:J" ... /(-1.1... ,.. .....7/./f/<P~ ~? GE~, RICH NO P L,S, # 2406 PUBLIC WORKS ENGINEflNG-DE'"P,'" _,r~'''''',,''~J- ~'''~,' 3301 EAST TftMlAMI TRAJ" . ~'(j' ~ .),. r"\ 1 NAPLES,FLORIOA34112 NO., a, .0..c__J ' ~ AP':' ", 7 "'. ;' j r\' , . ; !l. I.. p._"'.... ..... ~ I P';. .3;;1.. ~ , ..:'&>l'.r,'" ","'~'; ~:_~';;~~_~,~'~-,/'::.:.,;:- .';~,:-:;~,"....__J ~AA""~ - r::1&~-/ I /;;~~,",.Ifk~4 APR 2 7 [)'J I v ~~~~~~~~i;~11~lz~RING DEPT l_f~' . . .:;~~~,~,:~~J f,__".".:.;.v._,.-.._.,....",,~.r:. -. PROJECT NO, 63041 PROJECT PARCEL NO. 147 J~ ;:b/V,;t/O' 3iP:?&/?ffazJW LEGALDE.SGRIP.I1QN~SKETCH (NOT A SURVEY) EXHIBIT "P( The North 15 feet of the South 65 feet of the West 180 feet of Tract 33, Golden Gate Estates Unit No.6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida, NORTH PROPERTY LINE --::=J 180 FEET / WEST PROPERTY lIljE /' --,---,~-~ EAST PROPERTY LINE .'---,-,- EXISTING PJW LINE 1 -~.-~'~.'~~.. -. '~:'..~'.'..~.,'t~'..:~...:.~'.. (GOlDEN GATE BLVD I 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT (EXISTING 50 FT, RM' EASEMENT). SOUTH PROPERTY LINE SCALE: 1 inch' 100 feel Collier County Real Prorerfy fi~?nagernenl Departmenl nflnn."Q~ 1..1~ PH PROJECT NO. 63041 PROJECT PARCEL NO, 148 ,~~o~0 3~9#U?~1 LEGALDESCRIP.IJQN.&..5.KETCH (NOT A SURVEY) EXHIBIT 'W~ . . The South 15 feet of the North 65 feet of the East One Half (1/2) of Tract 18, Golden Gate Estates Unit No.5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida, / -.!:JQ.RTH PROPEBJ:Lb~E 1 - .. - .. - . . ]' . - . . - , :-:-. : ,-:-, :' ,-.-, : " -.-,:.-, -.- ,',' - , . - . . - . . - . , - , . - . . - . . - . . EXiSTING RNI LINE - (GOlDEtJ GATE BLVD) (EXISTING 50 FT, PJW EASEMENT 15 FOOT SIDEWALK, DRAINAGE, UTILITY AND MAINTENANCE EASEMENT .--- WEST PROPERTY LINE _._____ - - - .__ __ __ o. __________. ~ _.E}~T PRQf'~R!'r!JN~~ ,. . , , 165 FEET 'r seAL E 1 inch . 100 feel ~RE0y2u--/ ( - r~:()'. :";'Ra5(d5~ ~,&/'"dclf0d-, A' :', ", , /sLcA(;ERRICHMONDPL{~'2406 I r ') 7 1...,,1 ~~t~~i~~~~~Jl~~RING :PT L~IJ~ .,;.\,~~~i~'~~N' n6/30198 DB PM SOUTH PROPERTY LINE Comer r~un~j Reill Property tJ<Jnagernenl Department / /:V', ", "".- ",', , ~i1jb~: '~i~ PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 148 T 36811000001 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 68 feet of the South 25 feet of the North 90 feet of the East One Half (1/2) of Tract 18, Golden Gate Estates Unit No.5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida, , .- . J' ~p HiA' ~b BY; /7 / ) "'~ORd.d~,~~,'O~~~,", L:S'~i~,401 UBLlC WO~S,f;NgltJn6IN53 QFPT, ~~OdL~~~~Lb~~~;1}~J(g3C1Jl 'I ..... ,- ! p~.'Ji~ 1~:~:J f ',.=~.,-" ;';C:;;;;~;;'.o::~;c;.,-:;,~:;.;:;;:^';::; ..~l } RESOLUTION NO. 99-_ A RESOLUTION AUTHORJZING THE ACQUISITION Of LAND BY GIFT, PURCHASE OR CONDEMNATION Of fEE SIMPLE TITLE INTERESTS AND/OR NON-EXCLUSIVE, PERPETUAL ROAD RJGHT-Of-WAY, SIDEWALK, UTILITY, DRAlNAGE, MAINTENANCE AND TEMPORARY DRIVEWAY RESTORATION INTERESTS BY EASEMENT fOR THE CONSTRUCTION Of THE fOUR-LANING ROADWAY IMPROVEMENTS fOR GOLDEN GATE BOULEVARD BETWEEN C. R, 951 AND WILSON BOULEVARD PROJECT, CIE NO, 62, \VHEREAS, the Board of County Commissioners, on October 28, 1997. adopted Ordinance No, 97-55 therein establishing the 1997 (Seventh Annual) Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects, The Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No, 97-62; and WHEREAS, the four-Janing improvements to Golden Gate Boulevard Road between C. R, 95] and Wilson Boulevard is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, the Board of County Commissioners, on April 28, ] 998, adopted Resolution No, 98-107 authorizing the Coullty Stafi'to acquire by gift or purchase certain easements and/or fee simple title to the property and property interests required and necessary for the Golden Gate Boulevard four- Janing roadway improvements of Golden Gate Boulevard between C. R, 95] and Wilson Boulevard; and WHEREAS, the location for construction of the proposed improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein, WHEREAS. after consideration of the availability of alternate routes and locations, the comparative costs of project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes, NOW, THEREFORE, BE IT RESOLVED BY THE BOAAD Of COUNTY CO!v1MISSIONERS Of COLLIER COUNTY, FLORJDA, that it has been determined by the Board that tbe construction of tbe four-laning roadway improvements for the Golden Gate Boulevard between C. R. 95 I and Wilson Boulevard, (hereinafter referred to as "tbe Project") is necessary and in the public's best interest in order to protect the health. safety and welfare of the citizens of Collier County, Page 1 rl-;,~!ot(b~:Ul A;-'j,< 2 7 r "; : I "., I pc, 3{P , ~ .'"-.. - ,'. .. .,~: .'_ . ..,. .".a",.-~.". ,. '.'.."", '. - ._ . ....i ,_.".."_.._~ ~ AND IT IS FURTHER RESOLVED that construction of the Project is part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs, AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the project, various impacts to the environmental, public safety and welfare considerations associated with the design and construction of the project, and the costs associated with the design, property rights acquisition, and construction of the project; and the Board finds that after consideration of these issues, the most feasible location for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein, AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is necessary for the Board to acquire the various real property interests described E,rnibit "A" to wit: fee simple title interests and/or perpetual, non-exclusive road right-of-way, sidewalk, utility drainage, maintenance and temporary driveway restoration interests by easement. AND IT IS FURTHER RESOL VED that all property shall be put to public purposes, AND IT IS FURTHER RESOLVED that the County staffis hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and ] 27, Florida Statutes, the above-referenced real property interests more particularly described in Exhibit "A", attached hereto and incorporated herein, AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired, This Resolution adopted on this _ day of , 19---, after motion, second and majority vote, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E, BROCK, CLERK By: PAMELA S, MACKIE, CHAIRWOMAN Clerk Approved as to form and legal sufficiency: dt;d, 1 A/I/) Heidi F, Ashton Assistant County Attorney '--- Page 2 r'~'=':"~7:,':::,: 6",:::''': I ~h.,_~,~_ ~~ API~ L 7 1.__.: . ~ I PG. ..3 '1 f -' '-..""'"-.:'.--..",,, -' ~:;:-;;~~~:7~'7~.;~~.";;~:.~;:-;;~~::-.._;;:,. ...__d EXHIBIT "A" p-- '~-1 ./ {Attached) ,,- r-"";i~:.-t~~s",>{6i~)'~~1 I ~,,- ! , Ai.li'< 2 7 r: ('; \ I ' ,I~."., ~'g ! _... t ~ "',. "-_. ' ~ "'""~L"" ,., ~'~:;':::~;:;;~::;:'.,,:,~':.-: ^,_J {~.\ ,:,:J ~i'iii:' " , :'PRClJECT NO. 63041 P~OJECTPARCELNO. 101A fe/liD NO. 31.0 7/00 50c00 ~H\B\i "r,,:' lEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 25 feet of the South 75 feet of the West One Half (1/2) of Tract 1, Golden Gate Estates Unit No.3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. / / NORTH PROPERlY LINE / L 330 FEET WEST PROPERlY LINE EAST PROPERlY LINE 25 FOOT DRAINAGE, SIDEWALK, UTILITY , , . , , , . . , . , C , ~,~~ .~~~~~.E,~~~,~E .~~~,E.~~,~~ . , . , . . , . EXISTING Pm LINE - . , _ . . _ . , . _ J _ . . _ . . _ ..:.... . . - . . - . r . . ~;I~T:~:O ~T.~E~~E:E~~)- . . - , . - (GOLDEN GATE BLvD,) l i, SOUTH PROPERTY LINE i .' " " " SCALE: 1 Inch = 100 feel . ,PR:2ff;2tL ~ I~'~ " ';"'l= ..~ A(:R:b flICIw.:JNDPL~r[:t. - g (6Yd) PUBLIC WORKS ENGINEERING DEPT 3301 EAST TAMIAM1 TRAIL " < I NAPLES, FLORIDA 34"2 ,- ,',', ,7 1~,:S I 06/26/98 ff'54AM _ ,.~.r,.._ ' .-....,.._<."~ -~.,f>.,.".J :~;_'='o,_,,._'.~ ;,;,.o.~~,',:t.~ "i S ~ n ~ Coliler COllnty Real Property Managemenl Department ~~if 't~'~: ~\!~ [tt . . 't..\!}\~~. " ,/ PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 101 AT 36710050000 -------- TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 65 feet of the West 125 feet of the North 25 feet of the South 100 feel of the West One Half (1/2) of Tract 1, Golden Gate Estates Unit No, 3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. ~lldZ~.;J=~b----- A~~E R RIE;;&~~D PH . 24~ f /I ~ 7 ;r. '~.~ ~- '" - ~~~~~:~r~~J~iRING Df.pT i f,;,.; "8'"l~~(:L) r A~'R 2 7 .,~r'1 \ /y"", I f'G, L/O .:r...._.. ,:~:;::::--;;:,. :"... ~~~;~::;:;,..:;_..:;.;;;;;:;.~ ...._ PROJECT NO, 63041 PROJEC,~ PARCEL NO, 101 8 rO/o ItJO, 3u 7/c:JOC/Oo:J 7 rJJ\\a\1 "~' LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 25 feet of the South 75 feet of the East One Half (1/2) of Tract 1, LESS the East 30 feet thereof, Golden Gate Estates Unit No, 3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE ! 300 FEET I I ,30FT 30FT, WEST PROPERTY L~ EAST PROPERTY LINE 25 FOOT SIDEWALK, DRAINAGE, UTILITY , ,. ' , , ,C, ,~~,~ ~':~I,~~~~~~~.~ ,E,A~~~~~.~ , , ...." EXISTING PJW LINE S I L.._.._.._.. -.. -.. -.. -.. -. r" -. 'I:I~;I::O:~'E'A:~~N~" -..- (GOlDEN GATt SlV!),} SOUTH PROPERTY LINE T APA~f.[).~y---7;-~~..;&.. ...,-,.., '. "7'IfZ/P~h,,~,/.'-/;.i1{.' b,' "IrJ,,'v 'IlL,)' EOfiG. R, ti{H;~ND PL,U 4 ' . a.'L 0 --^T- ; PUBLlC"VO;tK'J C:'~GtNEERING EPT. t 3301 EASY TAMIAMl TRAIL A'" " " , . NAPLES, FlGRIOA 34112 :; t~ t\t 2 7 1 ~ ~. ~-~' i 06l2if.l8l'f.fsPIL_._1i ; ''''-,.~;.~.~, '''''.' ...........,........u.-.:.t m~..-.._c- ;::_':"_:.:::-;~:-::: ..:;.......) SCALE: 1 Inch = 100 feel L Conl.r COUnl! neat Property ManBoemenl DepaMlent .. PROJECT NO. 63041 PROJECT PARCEL NO. 102 C\ ... \ OJ. B Fblo Ah. 3~ 7{POYCOO{)~ ~u. ,1 fJ-\-\\B.\\ \'\ LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) A - SDUE - The South 25 feet of the North 75 feet of Tract 16, LESS the East 30 feet thereof, Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida, 10), 1 c J. b- DUE - The South 30 feet of the North 105 feet of the West 30 feet of Tract 16, Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. ,/ NORTH PROPERTY LINE ~--- --+ GOlDEN GATE BLVD, (EXISTING 50 FT, RM' EASEMENT) 1 .l.'.,~.'.: .~,'.: ,~,:: ,~.: :.~.: .',~: ,'. ~ :,'. ~ ..... ~ ..,..~.., :.~.'. :.~.: :.~,: :.~.: ...~: ".~:,', ~ ...., ~.'.:~.'.: ,~.~ :+-- 30' J 'L 30' X 30' DRAINAGE. UTILITY & MAINT. EASEMENT (DUE) 25 FOOT SIDEWALK, DRAINAGE, UTILITY & MAl NT, EASEMENT (SDUE) r-". - WEST PROPERTY LINE EAST PROPERTY L1N.L.....--. I /7' 630 fEET _?OUTH PROPERTY LINE i I :30FT 30FT I I SCALE: 1 Inch = 100 reel ~ 0,,7_ ,....-,....~'~v'~-~l , I '~;'R }~~';; I L Pl " ~~.i~..._ t 0612319\9:01)1."''' ~~''''~~=-"' ",~"",~-1 p~ d~!-/,vlh / 'B~g~~~g~~~~~E~~I~C: ~~~, 330' EAST TAMIAlAI TRAIL NAPLES, FLORY)A 341 i2 Corrlor County 11e.1 P,oporty Man.gemonl Dopartmonl ,J ~ I, ' i....] PROJECT NO, 63041 PROJECT PARCEL NO. 103 3 FO\ '\C) NO, 3ltl'l \ \ 3 ~ 000 (,'i.t\\B\\ "K LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 25 feet of the South 75 feet of Tract 24, LESS the West 30 feet thereof, Golden Gate Estates Unit No.3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. ,/ -1 -----j ,30FT 30FT. I WEST PROPERTY LINE :--+ I EXISTlI~G PJW LINES I --.-..- Collier County Real Proper~ Managemenl Department ,/ NORTH PROPERTY LINE 300 FEET I+- 601l . EAST PROPERTY LINE 25 FOOT SIDEWALK, DRAINAGE. :'.,.,. c. .~~:~I~~~.~~ .~~~~,' .~~~~.~~~~.,.. L.. _.. _.._. ._.__. ._., _.. _., _ '0_. '_"_'0_ i (EXISTING 50' MVEASEMENT) (GOlDEN GATE BLVD,), ".." SOUTH PROPERTY LINE SCALE: 1 Inch = 100 feel PR AH~DB: /' /' , '" ?~U"nyjY/?<7 OR R ~6;~ND f'lS n~06 UBLlC WORKS ENGINrERING DEPT, 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 07115198 11 :35 AM Y (6'Jti) ;', '2g=:J "-~~'-<-<~-"~-'.__ I ""'-"l-'J,',~~_ PROJECT NO. 63041 PROJECT PARCEL NO. 104[1" \O'l~ l=' 0 \i 0', 3 ~ '1 (.. 0 og '-/000 v lb'\ A- 10'\ \ B- f ------ f).\-\\tI\\ I'~: ;. LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) DUE - The South 15 feet of the North 65 feet of the East 150 feet of Tract 17, Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. SDUE - The South 25 feet of the North 75 feet of the West 180 feet of Tract 17. LESS the West 30 feet thereof, Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. ./ NORTH PROPERTY LINE - ~-, I _.. J.. _.. _ _. _..._ .(~:~I~~~~T~~.Et E~T~. _.. _" _ _. _.. _. _ _.. _.. _.. _.. _.. I 150 FEET :........... ............. U U L ">OO"'D'W^" . DRAINAGE. UTILITY AND MAINTENANCE E~SEMENT (SOUE) 15 FOOT SIDEWALK, DRAINAGE, UTILITY AND MAINTENANCE EASEMENT (DUE) I, &: _1 WEST PROPERTY LINE EAST PROPERTY LINE If I .- . .\)1": . 30FT 30FT' I 630 FEET SOUTH PROPER-iY-L1NE~ ______-----1 ---. ~RED BY' 7 tI j / .i fie. ,([b)l~.) ,<rtildd..-{yJt14 ,f'OI1GE R, RICHMOND P 1.,5,' 2406 A'" ", _ ' , . PUBLIC WORKS (NGIW "'liNG DEPT, j' j,\ 'j 7 l' 'i 3301 EAST TAMIAMI TRAIL ' '- ~ /. r...' ~ NAPLES, FI.ORIDA 34112 . ~ ,-::.,...._......7,1.._,... -t"........"",., ..~,..'O,,' ...,. ,,~,y~ 07li 5/98 11:27 AM SCALE: 1 Inch . 100 feel Comer Counly Real Ploperty ManaQemenl Department " o PROJECT NO, 63041 PROJECT PARCEL NO. 105 /iJ/;O Alt? .,3&7/FIO{L:OG.- ~E,l:~:~~~~';:;'~.;_:~'. ..::....~ r:..')' ~j' "-,,,,,,;,1 , ~~ III....:...'~" ~ ___-A...... i r~ ..-j E't.HIBil ";( LEGAL QESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the West 150 feet of Tract 25, Golden Gate Estates Unit No.3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE 150 FEET / / WEST PROPERTY LINE -- EXISTING RNI LINE _ ~u.~=~_~. . _ . . "-"-'r"--- (GOLDEN GATE BL VO,) SOUTH PROPERTY LINE SCALE: 1 inch ; 100 feel Collier County Real Property Managernenl Oepartmenl :/ ,~ EAST PROPERTY LINE 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT ..1" (EXISTING 50 FT, PJW EASEMENTJ," ~ARED BY; 1 '/J / ~o~~~L:d~ ;'. PUBLIC WORKS ENGINEERING DEPT, 3301 EAST TAMIAMl TRAIL i NAPLES, FLORIDA34112 t. , 070\)2198'2.08 ~M' , .. ~',~ '~"', "1 i.'0X4J ~) 7 1 ~~~. '1 ~- " - //5' , .~~,-_.~----, __..n_ __n__ , "-'" '. -' "-.',,,....JI 1"1 ~r-- '..b~ PROJECT NO. 63041 PROJECT PARCEL NO. 106 ML/o NO. 3(P7&/~g'oCXJ5 ,"1 J,l..n EYJ\\OIl J\. LEGAL DESCRlfIlON & SKETCH (NOT A SURVEY) The South 15 feet of the North 65 feet of the West 150 feet of Tract 32, Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. ----- ../ NORTH PROPERTY LJNE ,,,,,~:~~~:~".~."j~~.. ~....~....~.Jl'-:-::"':-::" -.. -,. -.. -.. -.. -.. -.. -.. '5 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT //' WEST PROPERTY LINE . l EAST PROPERTY LINE 150 FEET '. ~ 'l~ C J ,:. .f':' ~. ; . SOUTH PROPERTY LINE j SCALE: 1 Inch = 100 leel MR '~EDBY:;Z J' "~f: "";~':~'.-,;' . (8)r:f) t. .,', "~,..A......X/./J1 I OR R, R"-hM D P,L,S, ({j';{/; PLJ8L1CWORKSENGINEERINGDEPT, i A;') '"' 7 1"'-"', 3301 EAST TAMlAMl TRAIL ~' I' L' I".,..' uNAPLES,:'~~~_3~112 i:".~:.,Y~.. '~_, J OS/2519B 1:01 PM comel County Real Property Management Oepar1menl PROJECT NO, 63041 PROJECT PARCEL NO. 107 rI-J eO \10 AJo, 3&7//LfLj{)()u/ &~1l1l t'i,~\.\o\1 Ci.. LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 180 feet of Tract 25, Golden Gate Estates Unit No, 3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida, ,/ NORTH PROPERTY LINE 180 FEET WEST PROPERTY LINE -- EAST PROPERTY LINE II .- 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT EXISTING ANI LINE J ............... .....,..,....' -..-.,-..-.. ..-. -..-..-.t-"-"-' (GOLDEN GATE BLVD,) I (EXISTING 50 FT, RNI ~ASE!~ENT) ~PAR~ I J '~- c.:u,t"lL",/p,d/~ fP"''''''';; ,,~,:,-~,,: ~.:;~" )~..~ COR~'R RICHMOND PU, ~ ~406 ~ N:' 8 I (A , PUBLIC WORKS ENGINrERING DEPT, " '.. .,\.... i,."I ,_ I 3301 EAST TAMIAMI TRAIL t NAPLES,FLORIDAJ4,,2 . ~li',:,.., .,' " _ 1 "'~I)' !.-.~_~ ~ n L I I,..,.; ~ 111't8.1'~J~..",;..1Z. _._ t -...\;..... -"_,"".' - ...' .!--'t. -.~ .. _";",".' .-:",_,,...,;.,-.F:!;~..____- SOUTH PROPERTY LINE SCALE: 1 inch : 100 feet Collier County Real Property Management Departmenl .'1' 'l~," ~"~\Si\ ~~,. ....../'" I / / PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 107 T 36711440001 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 40 feet of the North 20 feet of the South 85 feet of the East 180 feet of Tract 25, Golden Gate Estates Unit No.3. as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. - c:;; &/24 y/y)r" r PREPARED BY; , " .- / .". , -..-/,..~ GEOR'G'E.R',..RicHMON6.pOi."s:'#'240~' " PUBLIC WORKS ENGINEERING 'oEPT . ~~ ~~O~L~~~~L6~~~:1~L'" ' Fq t'6i~~ ~of :' I 2 7 1~: _ ~ ~~-- . --~- .,.'. ,- '." ."," -~......:., " ~--';". ,,' ';_.~.'.",.,. - ',;.:':,,~:.'l'.I:l"! PROJECT NO. 63041 PROJECT PARCEL NO. 108 f"o \ '\0 t\b. 3l.P'7 ~ 110 '-I 0003 EYJ-:lBI1 "J';', LEGAL DESCRIPTION & SKE..IC1:I (NOT A SURVEY) I The South 15 feet of the North 65 feet of the East 180 feet of Tract 32, Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. / NORTH PROPERTY LINE f 1 (GOlDEN GATE BLVD,) _.. _.. _.. _, t_.. _.. (EXISTING 50 FT, PJW EASEMENT .._.,-~.._.. - .--..- ..- _. -..-... -..-... ............................. ING PJW LINE 1S FOOT DRAINAGE, UTIliTY AND MAINTENANCE EASEMENT ::WEST PROPERTY LINE . . EAST PROPERTY LINE \ N \ \ 180 FEET SOUTH PROPERTY LINE T EXIST SCALE: 1 inch = 100 leel ~, ," AR::l2~t/~d>4t E GE R RICHMOND p,Lff<<O:: PUBLIC WORKS ENGINEERING DEPT, 3301 EAST TMllAMI TRAIL NAPLES, FLORIDA 34112 Collier County Real Property Management Department 05126/98 1 :04 PM 8 c..i>j{) >c){_c.:>> PROJECT NO. 63041 PROJECT PARCEL NO. 109 fa\ io ~O, 3/.p 1 \ 1 t1J.QCXJ '7 O.Hlpl( 'll. ----- LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the West 180 feet of Tract 40, Golden Gate Estates Unit No.3, as recorded in Plat Book 4. Page 77 of the Public Records of Collier County, Florida. / ,// NORTH PROPERTY LINE 1 180 fEET , , / WEST PROPERTY LINE I EAST PROPERTY LINE \ N \ 15 FOOT DRAINAGE, UTlLlT> EXISTING R/W LINE " C. ' - AND MAINTENANCE EASEMENT ~ ..,............ ..,........... -.. ~~:D~N'G~:~:VD,)" _. -.. -.. -. r" -.. -. -.. -(~~I~I~~:;T:::~~~~N;" SCALE: 1 Inch = 100 feel ' ~&&q.{~?' . V1'G~~gW~R~~f~~~~~E~~ING.~E~" J<~.,..,-~;:.,.,..,'~'~,;';-;-,~ I;'~," '-"'1, ~~L~~~;L~~~;I~L NO. ,-O..A...J,..I i f 0612 81:06~? Fi 27 L" "j ~ L..'~:;c::;;:,,;;:.f:[,~,.~::';,j SOUTH PROPERTY LINE T Comer Count)' Real Property Management Depar1menl PROJECT NO, 63041 PROJECT PARCEL NO, 110 A (0 \', 0 tJo' 3 10'7 l.rJ \ 1;). 000 '-{ ~Hm\1 a:~;' LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The South 15 feet of the North 65 feet of the West One Half (1/2) of Tract 33, Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE 1 ,",:::~~,:' ~'i) - . . -~~~)~~ (EXISTING 50 FT, PJW EASEMENT 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE E.ASEMENT WEST PROPERTY LINE . EAST PROPERTY LINE \ N \ \ 1\,'" 165 FEET SOUTH PROPERTY LINE j SCALE: 1 Inch ~ 100 feel P~i:DY);2 / /, /,,1 ", " ;;Zt'~H~-=;(s:~tff r~' '~'~,"'^";' @]l'~rc WORKS ENGINEERING DEPT, i ' ? I t!J... Y , I J 3301 EAST TAMAMI TRAIL ,rcc,. a..___~...!~7 ./ NAPLES, FLORIDA 3.112 ." '-- , , 2 ..., r ' " \ \ i" 1\ r", . 10/30/:l 2:59 :~, : ~~,,'-;;,::~(:;:;.:,-:.-;; __: ..~.,.c~'r"'-....-:;:.~,-,""'-'" Conier County Real Properi)' Management Department -----, ..,....-.., PROJECT NO, 63041 PROJECT PARCEL NO, 110 B h:J/i'o YO, 3iR7&/71./0000 1{J3fr "N, , 1~ .. ..--/ -- LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The South 15 feet of the North 65 feet of the East One Half (1/2) of Tract 33, Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE 1 1 -.. -.. -J' ,. -" - ',:.-:.:: ,-:, ::,-:-.: .',-:-.:.'.-:-':. EXISTING PJW LINE (GOLDEN GATE BLVD,) (EXISTING 50 FT, RIW EASEMENT 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT , . WEST PROPERTY LINE . EAST PROPERTY LINE \ N r\ \ 165 FEET _~OUTH PROPER~ JgP:rL:;/g"L(L/!~/~f ORGfR, ilf2~M;ND PLS, U:..;p''I' UBLlC WORKS ENGINEERING DEPT, 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 r~"~ .'~'~::iEibiJj SCALE: 1 inch' 100 feel Collier County Real Property Management Department 101301982:59 P" A?;~, 2 7 1.~~: 3 Il pc: .::J~ ""~. -_._.:~~.:;:;-~-:.:: ,':.:: - '.:::_-;:',~ .. ----:...-~~ ~.. EXHISiT jJ~/' / ,/ PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 11 0 BT 36761740000 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 35 feet of the West 57 feet of the South 25 feet of the North 90 feet of the East One Half (1/2) of Tract 33, Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. , i""-"~-"F~_"'"",~ "_".'~~_r~~ ,I rj('~--i~c_Le:rx J J d \ . i. :-r....j"l -4' ~ ' f,(i'\ L 7 i~, , P MB" (/ ',' .3 ~ - ~..,/(,?ld-&.,,~/~E- ; /' r: E ~GE~, 'RICHMOND P ,L,:s~i>" ,,---j PUBLIC WORKS ENGINEERING DEPT, 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 ...-.. PROJECT NO. 63041 PROJECT PARCEL NO. 111 Fo\.,,-ti t'i9J~ OOOO$'a LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) EXHIBIT "A" The North 15 feet of the South 65 feet of Lot 1, Stone Subdivision, as recorded in Plat Book 19, Page 64, of the Public Records of Collier County, Florida. NORTH PROPERTY LINE I , ... 15 'SET WEST PROPERTY LINE '. '.~ EXISTING PJW LINE --~ _ "_" _.._..J.._.. "-"-'r"-" (GOLDEN GATE BLVD,I SOUTH PROPERTY LINE SCALE: finch = 100 feel Collier County Real Ploperty Management Departmenl UST PROPERTY LINE 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT IEXISTING 50 FT, PJW EASEMEN;) " '-~ , , ./ rJ52l~,' ~t~;~~._. ta/ii}': ~Jrc{~ RICHMONLl p L~~ - - .. , t/ PUBLIC WORKS [.'~GI1~E(RING DEPT A ~ I:, 7' ' 3301 EAST TAMIAMI TRAIL I 1'\ I NAPLES FLORIDA34112 _p~. 51 ' 041cil99 i2'10PM' ::,' . '"~''' 'h " __~,J PROJECT NO. 63041 PROJECT PARCEL NO. 112 FOI \ 0 NO. 3f..p1 to d ~{)OOOO LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) fXII/BIT 'W' , . The South 15 feet of the North 65 feet of Tract 48, Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. /1 NORTH PR9PERTY LINE (EXISTING 50 FT, AM EASEMENT) _.' _.. _.. _.' _,._., _"_ .._.. _" _..t. '_" _. (GOLDEN GATE BLVD,) , , . 'IS' ~O'O~ 'DR~'I~~GE' ~TI~:~~' , . . ~' , , . , , . , . , . . , AND MAINTENANCE EASEMENT EXISTING AM LINE ----- /~.' /1 _.wESJJ'ROPERTY..lINE_~ ~_----EASrJ'lillPEB.n LlHE.. 330 FEET 2QUHi PROPERTY LINE -1 SCALE: 1 inch . 100 feel f"~n.~,.~, ~R,R'l//il.)7- tjA;i..~~~, ',le>7. .~,~, 'OR!e't RICHMOND P L f/1406 f . r i\' : UBLlC WORKS ENGINEERING DEPT, ~ ,.. . ' ',' ~~~L~~S;L~~~~;l~L I DC, _.,.." ~~,_., '.' ~'"",,_." '_.'.- .'...". ~-~ ~".:..;~~_..",-"._,.,."'..'..= ~..,.,.".".riii Co~ller Coun~f Real Property Mi'lnagemenl Department 06n61'lA 1'11 PM PROJECT: PARCEL: FOLIO: EXHlBlT *If{' .. ,/ Golden Gate Boulevard 112 T 36762600000 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 105 feet of the South 20 feet of the North 85 feet of Tract 48, Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. ~ARJ-9~ /J /~' ?;2.Pf/?f~..,: ./~" 7 ~~~~~:~~H~OfNDE~~(f,62~;~;"('g~;"Ti' 3301EASTTAMIAMI IL-.,-__Q"" -,"l!t:/ NAPLES, FLORIDA 3 12 ._ A')"M~ .,',- (/'\' ,"'; " L "'" ',' "" r..,/' ~<!_... <-P ,"-'~h:__-._.'.,; >:.;:~.:.~~~";~;~~~;~:';_';-":>-;:.-~"';;: ~""; '0 :.; I': ~\ 1:. :iT,J ;1.1> PROJECT NO, 63041 PROJECT PARCEL NO. 114 A .. II'! B fa, \0 No, 3(0'/ lPJlo4000z.. LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) EXI-/IB1T 'W' i\'1 A- SDUE - The South 25 feet of the North 75 feet of the East 230 feet of Tract 49, Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. \ 1'1 'ij, DUE - The South 15 feet of the North 65 feet of Tract 49, LESS the East 230 feet thereof, Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County. Florida. I / NORTH PROPERlY LINE -. .-.. -.. _.. _.. _"_" _" _ .._ .._ ..t. ,_.._. ... 'L' ... ,., "..,~. , ,., ,....,..,....,..,.. "." ,. ....... 15 FOOT DRAINAGE AND UTILITY EASEMENT (DUE) (EXISTING 50 FT, RNI EASEMENT) EXISTING RNI LINE 25 FOOT SIDEWALK. DRAINAGE AND UTILITY EASEMENT ISDUE) _!\,EST PR9PERTY.lI.~ .'_____~,~,Hf'ROPERlY !J!!S . . 330 FEET SOUTH PROPERTY LINE SCALE 1 inch = 100 feel ~PR ~Rro~RBJ~r~,',:"" .-cr!JXd) ORc{"ir:fi,M8ND P L S I;'~ PUBLIC WORKS ENGJIJEERING D T, A'" :~' ,.. ..,' -, 3301 EAST TN.tAMI TRAIL ~ l 1\ L I ;., ',' ..: NAPLES, FLORIDA 34112 I 57 05/15">8 1'O~ ~M ,;;::':~~~~,~~' ~,"~7',;;-; .,.. Collier County Re'al Property Managemenl Department PROJECT NO. 63041 Pj30JECT PARCEL NO. 1151:\ .. 115/) POlio IVo: 3&?/3r98CWO \ I S \\ s' Tj-' (1.H\'an 0'1\' LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) A- SDUE - The North 25 feet of the South 75 feet of the West 210 feet of the South 390 feet of Tract 56, Golden Gate Estates Unit No.3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. DUE - The North 15 feet of the South 65 feet of the South 390 feet of Tract 56, LESS the East 210 feet thereof, together with the North 15 feet of the South 65 feet of the West 150 feet of the South 390 feet of Tract 57, Golden Gate Estates Unit No, 3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE 1 480 FEET , , , , , , , , , , , , , , , I , , , , , , , , : lRACT 57 , , , , , , , , , , , , , , , , , , , , . EAST PROPERTY LINE TRACT 56 WEST PROPERTY LINE ---------r- EXiSTING PJW LINE _ __ _ :1_ 15 FOOT DRAINAGE, UTiliTY AND -- MAINTENANCE EASEME~T (OUE) , , , , , , , 25 FOOT SIDEWALK, DRAINAGE, UTILITY , C AND MAINTENANCE EASEMENT (SDUE) i .. . , .. ' , " .. , " .. 210' .. .. . .. .. .... ... : :' ."., .120',,,, , ., ", 'f' ",,,.. , . '" ,160; " , , . , . ,. .. " , , , - . r ;E~I:I;j~:~':; ~A~~~N~} . , - " '(~O:~E~ G'A~E-~::D~ . . - . . -l- , . - , 1 -.2~TH PROPERTY ..LI~~ l ARED~Y:tl. r-~''"''''' , ~ Grg~Ed:~R"ICH"MOd"O~dP"'ld'sd2(f' 9~<',', 3~/i:;;i)'~ ,or ,,- PUBLIC W~RK~ E"JG"~i'ERING DE T,' .. \: ~ 3301 EAST TAMlAAII TRAIL A'" ,', '"'l 7 .,'. " r'. NAPLES,FLORID'<34112 t 1'1'\ L !....".; 07115J Iq~~~...,,,-~f..,,__ .~-" "-',', ....~ '.~ "'-,.N' _....~.~....'_,.. ,":0\0,..:.'":,,._ ~ SCALE: 1 inch = 100 feel Col'ier County Real Property Management Depertment EXHIBiT JJA" ,/ PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 115 T 36713280000 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 69 feet of the North 10 feet of the South 75 feet of the South 390 feet of Tract 56, Golden Gate Estates Unit No, 3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida, ~PAR~DB7.;7' / /~~ ..-<:a.,' --, /Z~..Y;,'/?fY9," GEoRGE R. RICHMOND P"l..S.24Q, ..... '.-_.,~w.._'..' PUBLIC WORKS ENGINE~ING DE~T, 6'(' '~~' . ') :,' 3301 EAST TAMIAMI TRAIl f,', , () I~ ':1 ' NAPLES, FLORIDA 34112 . ..'.".. "- f A.' j 'J 7 1,',-;- ~ . i h L :.... "'....; j PG. ",..~1__ It "",-_","",c-..,.._. .. .......,.,,~.~'. -<.', ,'~-..x ,-.'" " -""",', '_C',-" '..,...:.., --- -- PROJECT NO. 63041 PROJECT PARCEL NO. 117 1-0 Ii 0 -ll 31,.-:i \~>:l..OOO,,\ . . EXI1IBIT "A" l.EGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 180 feet of Tract 57, Golden Gate Estates Unit No.3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida, /1 NORTH PROPERTY LINE " ~~ST PROPERTY LINE EXISTiNG PJW LINE _.._.,_.,_..l.,_. (GOLDEN GATE BLVD,) 180 FEET 4 EAST PROPERTY LINE "",..."".,.c.., -"-"-'t-..-.,-. 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT SOUTH PROPERTY LINE 1 (EXISTING 50 FT, PJW EASFMENTj Comer County flaal Property M,n'gamont Department SCALE: 1 inch = 100 feel ~4L&<~~f~;:'~,~~';, 5; 6)T~/)~- ~EORGE R. RICHMOND rfL:i (2106 \..: ,,,+_ PUBI.IC WORKS ENGINEERING D PT, A - > I 3301 EAST TAMIAMI TRAIL ~ ; .";.., < ,.., _ NAPLES,FLORIDA3~112 , ' h '- 7 " ,..,--'-i--'-' , _';I_"""" J . p,: (2() 06li~~.lBI'I.l;'~';-:;:_,~,; ':,;,-:;:,;-: ~~. EXJ.;JBJT uA" / / PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 117 T 36713320009 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the North 20 feet of the South 85 feet of the East 180 feet of Tract 57, Golden Gate Estates Unit No.3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. i"'~"~"'-','''- "-. ...,'~.',._._ i ri:;:~:i,,(&i~ f ~' ?;l"'~'" " ' f . .' ~ ,.,. I . PARED, r ".'. t~ ( ,.. '/.pI t ~~.. ..'..,a//~~ ' ~f('G(R~ RICRr...lOND PLS, tlZ6t/f.?; PUBLIC WORKS ENGINf:ERING DEPT, 3301 EAST TM1IM11 TRAIL NAPLES, FLORIDA 34112 PROJECT NO. 63041 PROJECT PARCEL NO. 118 9 NICJ ,Alt? 3~? (;;30 c::JCt:ZJ 1..EGAL DESCRIPTION & SKETCH (NOT A SURVEY) EXHIBIT "A" The South 15 feet of the North 65 feet of the West One Half (1/2) of Tract 65, Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. ) / NORTH PROPERT'i LINE 1 "",~:~:::'&lJ. -.. -.. ..~... .~~)~~ ... -. ":".~'~"_':'::''''-''. -.. -.. 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT / WEST PROPERTY LINE ,-'----t . EAST PROPERTY LINE \ N \ \ 165 FEET SOUTH PROPERTY LINE T Ka~~,"",;,~;;~;( .~ PUBLIC WORKS ENGINEERIN~' ~~~~L~~~~L~~6~~:~L '.p;';,... SCALE: 1 Inch = 100 feet '----. Cornel County Real Property Management Departrnenl 06126198 2:04 PM . ~ ,(fp)cv; 7 L,,: ~z.. ~.. ,-. . ~ '"'~.'- """'!'" ."'>~. . ,>~.,- ~'...-. ,;' F'/r'I'B;- , -"~ I J~ ,/ PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 118 T 36763600009 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 69 feet of the South 10 feet of the North 75 feet of the West One Half (1/2) of Tract 65, Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. ~ ~-.:-Y- -; 'l:~" '-'-'-~<"- ",; I Ii:), -' ;c,'-'~ C0vU'y ,0;';'. ::,;~,~;!J ", ' , -/'o/t '" it'.."', '"l 7 ",,' ", ' .: ";','~i...,,-. / " . .~r!.<)' ~-_.'/_ ';'~ , r ~ -.t,~.!.t:~,~..,:;:,,: o;~~ " ~ " rtL" , HEP?3z:.."..,:<,;j~~ GE~Gf~ RICHMOND pl/~408'" PUBLIC WORKS ENGINEERING DEPT 3301 EAST TAMIAMI TRAIL ' NAPLES, FLORIDA 34112 " '.. ;~~'.;~l. PROJECT NO. 63041 ~OJECT PARCEL NO. 119 /t:}//O ;UO. 3ft,?/'/c2l/0CXJ7 EXHIBIT "1}." l..EGAL DESCRleIION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the West 180 feet of Tract 72, Golden Gate Estates Unit No.3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. / NORTH PROPERTY LINE 180 FEET /' WEST PROPERTY L1N~ . EAST PROPERTY LINE EXISTING PJW LINE , C -. ~~::,~~: ;:;,.. -. .~....~~.1 ~..~.~ 15 FOOT DRAINA9E , UTILITY AND MAINTENANCE EASEMENT SCALE: 1 Inch . 100 feel -.. -.... -.." -.... -.... -,:~;'j~.... . ;,,- .... (EXISTING 50 FT, pjw ~MFNT) " W ~ ;/if"" 'f-~~~~'~'~:".t:rf1;j~';;) .., "..~/.:,~////'-';{.i ," r,' '-.- ~",' ORCER.F<".ilMONDF_L.S.ff40~" ,'" A ,,"J 0; "7 ..~~.. \-, ;; i~~L~~~OT~I~~~~RINGDEPT,: 'L, ',I 1'\ i"..,/'....": ,~ ~APLES,FLORIDA3.'12 ' . ,......E.:.:~ (,p~L ~ ...'.-~.~....,..,:;~~','~.:.:., .... ":~-:4'~"::~;::. ..,,,,,..1 SOUTH PROPERTY LINE Comer County Real Propertl Managemenl Departmenl 06126"-l8 2:06 PM o (7) ....J:{ . . PROJECT NO. 63041 PROJECT PARCEL NO. 120 I FO\lO NO. .5'-P7 (p3lI1-1CCD EXHtBIT "A LEGAL DESCRIPTJO~KETCH (NOT A SURVEY) The South 15 feet of the North 65 feet of the East One Half (1/2) of Tract 65, Golden Gate Estates Unit No, 4, as recorded In Plat Book 4, Page 79 of the Public Records of Collier County, Florida. ,/ / NORTH PROPERTY LINE 1 -------- '''''~:~~:,::' ~j'. - . . -:~:~ :.~) ~:: ~ - . ('~'.'~~~~-~~'.'~~ . -. . - . . 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT / /' WEST PROPERTY L1N~ EAST PROPERTY LINE \ N \ \ SCALE: 1 Inch . 100 lael . r'~'L'~:, '___ ,~ff~<I) 0""jWg4( / I A.'~ 7 L:.; : a:~~ R RICHM'oND P L 5 ~i'~ 1 'P'; tJ s- ' ~~~L~~~O~I~~:~RING DEPT ,~o, .:,;:,;,-,:- -:,C-;~~ :.:.-- _ .~.~ NAPLES, FLORIDA 34112 165 FEET SOUTH PROPERTY LINE T EXHJBJT "A" ,/ PROJECT. PARCEL: FOLIO: Golden Gate Boulevard 120 T 36763640001 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of ' ';e East 79 feet of the South 20 feet of the North 85 feet of the East One Half (1/2) of Tract 65. Golden Gate Estates Unit No.4, as recorded in Plat Book 4. Page 79 of the Public Records of Collier County. Florida. , .-~ '" ~AAED)?/ '~;1' /~' E,~~~~.7i&k . cmGE R. RICHMOND P:L,S, 2(06 "7 PUBLIC WORKS ENGINEERING DEPT. 3301 EASTTM'lAMJ1RAll::"'""-'"'''' " NAPLES, FLORIDA 3 ~12 N\;'_.~.,lC6'X~,-j:.;,. A (' I': ", 7 l' .-; : ~ L. tv,' "". P . /_ I . It i,;,~I" LfI U R L,~.~.;,',:::o,;" ~,' -: ":'-:-"'~ '.~. PROJECT NO. 63041 PROJECT PARCEL NO, 121 9 /6/0 NO. $ 7 jL/ ~ 8 tJCXJ EXHIBIT '1\: l..EGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 150 feet of Tract 72, Golden Gate Estates Unit No.3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida, NORTI! PROPEfITY LINE ISO FEET / ,/ WEST PROPERTY LINE EAST PROPERTY LINE . . 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT EXISTING PJW LINE -~=~.._.. (GOLDEN GATE BLVD,) "-"-'r"--- (EXISTING 50 FT, RNI EASEMENT) SCALE: 1 Inch - 100 leel :' f--~"'" ,'" :'.-,~ 2i::~&7/~'" '?;G,..'.Jt~_(8:~ ORGe R RICHMOND PLS, , 2 '." ~'C WORKS ENGINEERING D T, A', ~ ,\',:, 7 ~" c "; 3301EASTTAMlA.lv\lTRAlL ~ I" I,........) NAPLES. flORIDA 34112 ~ P;;, , "'~ I 06nIl198'1,08I'M:<:': :" ;',"~~:: "':;':"';;;:,,~,,; J I if ~ SOUTH PROPERTY LINE Collier County Real Property Mana,emenl Departmenl - EXHIBIT II A" / ,/ PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 'i21 T 36714280009 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 48 feet of the North 15 feet of the South 80 feet of the East 150 feet of Tract 72, Golden Gate Estates Unit No.3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. ,- - .... .~ ~ " .", . EPAR~D : 0 ",,,..' , '~' , '",' '-4'_"'" , .... " .L / f ,E~>E'" ..,' H~N.... '...., i1.~~ .. P,UBUC woi O,P.L. ,# 2406 ~,I/l."JO" 3301 EAsT T I~GINEI~~'~.G OEPr, p~).!f( NAPLES, FLOR, A 3Jm l\ L 7 i" ....! \ l,,,r,:~:,-;:;;:::;~ ~": ,- RESOLUTION NO. 99-_ A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT, PURCHASE OR CONDEMNATION Of FEE SIMPLE TITLE INTERESTS AND/OR NON-EXCLUSIVE, PERPETUAL ROAD RIGHT-Of-WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEW A Y RESTORA nON INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF THE FOUR-LANING ROADWAY IMPROVEMENTS FOR GOLDEN GATE BOULEVARD BETWEEN C R 951 AND WILSON BOULEV ARD PROJECT, CIE NO, 62 WHEREAS, the Board of County Commissioners, on October 28, 1997, adopted Ordinance No, 97-55 therein c:,iablishing the 1997 (Seventh Annual) Capital Improvement Element of the Grov,1h Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvcmcnt projccts, The Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No, 97-62; and WHEREAS, the four-Janing improvements to Golden Gate Boulevard Road between C R, 951 and Wilson Boulevard is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan, and WHEREAS, the I30ard of County Commissioners, on April 28, 1998, adopted Resolution No, 98-107 authorizing the County StalT to acquire by gif1 or purchase certain easements and/or fee simpte title to the property and property interests required and necessary for the Golden Gate Boulevard four- laning roadway improvements of Golden Gate I30ulevard bet wcen C R 951 and Wilson Boulevard; and WHEREAS, the location for construction of the proposed improvements has been fixed by survey and is collectively rcpresented by the legal dcscriptions comprising Exhibit "A" attached hereto and incorporated herein WHEREAS, af1er consideration of the availability of alternate routes and locations, the comparative costs of project alternatives, vari.1us impacts upon the environment, long range planning options, and public safety considerations, the J, 'ard desires to exercise its right to condemn property for public purposes, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has bcen determined by the Board that the construction of the four-taning roadway improvemcnts for the Golden Gate Boulevard between C R, 951 and Wilson Boulevard, (hereinaf1er referrcd to as "the Project") is necessary and in the public's best interest in order to protect the health, safety and wclfare of the citizcns of Collier County Page 1 AND IT ]S FURTHER RESOLVED that construction of the Project is part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Grov.'th Management, as approved by the Florida Department of Community Affairs AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the project, various impacts to the environmental, public safety and welfare considerations associated with the design and construction of the project, and the costs associated with the design, property rights acquisition, and construction of the project, and the Board finds that after consideration of these issues, the most feasible location for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is necessary for the Board to acquire the various real propel1y interests described Exhibit "A" to wit fee simple title interests and/or perpetual, non-exclusive road right-of-way, sidewalk, utility drainage, maintenance and temporary driveway restoration interests by easement. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes, AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and J 27, Florida Statutes, the above-referenced real property interests more particularly described in Exhibit "A", attached hereto and incorporated herein, AND IT IS FURTHER RESOL VED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired This Resolution adopted on this _ day of J 9_, afier motion, second and majority vote BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTEST DWIGHT E. BROCK, CLERK By_ PAMELA S MACKIE, CHAIRWOMAN Clerk Approved as to form and legal sufficiency , I ;"; .. 1-1/_ :J..L_'--' :' II I Ieidi F, Ashton Assistant County Attorney ---- Page 2 f~;.~-.:~t;g~45'1 ~ PUr\1.7i..., f ~ [' //0 ' \" """., "-,' -~: EXHIBIT "A" E'!!, - (Attached) ;,.-._~-~,.....~. ~..",~ I ,,;jA!,c&75,- J f " . , t f-i['j' '1 7 ,. ; . " \ l.' ' J >'!: '7/ fq.. r ..".....,.....'-,.." '::".'-::.:;:: :'-::-:_::-;'~-.--::': ,-. PROJECT NO, 63041 PROJECT PARCEL NO, 149 /:{)//O NO, 3&9&/!3tioooC/ -~---------~ Ht-lIBIi "i.," \ i lEGAL DESCRJPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 150 feet of Tract 33, Golden Gate Estates Unit No,6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. -"'-'!~QRTH !,?OPERTY LINE 150 FEET / / WEST PROPERTY LINE -~.~~-.. EAST PROPERTY LINE 15 FOOT DRAINAGE, UTILITY EXISTING PJW LINE , , ,. ' , " , ., , ,l~= - AND MAINTENANCE EASEMENT - ~~~-:.-=~~~. . - " ,.. ,- . . - 'r' - .. - .. .. - . . - . . - .. - .. - -- - -- - -- (GOLDEN GATE BLVD,) (EXISTING 50 FT RM EASEMENT) ~------- SOUTH PROPERTY LINE ~:g(iL/d~,' t?~~0~~~~~t~~,~~~[~I~G'6~~~; ti" '..',~@y(~.J NAPLES, FLORIDA 34112 r lI" 1\ ') ., ~rJ 1 I _ ( Iv......... 06130198348;: ~.":':. ~,,-,Z~,;-- SCALE: 1 inch = 100 leet Collier County Real Prope,ty Managemenl Departmenl ~ ~- .~,..,<... ~,..... :..'7.:l.":" ,- EXHIBIT "A" PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 149T 36861840004 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 35 feet of the North 15 feet of the South 80 feet of the East 150 feet of Tract 33, Golden Gate Estates Unit No.6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. ,.- r;;'.;:f @:ilY I .' A,; l~ .; 7 .' " . . - I L I." _' ~., ~ .;3L p ,;;;~~rcf~. PUBUC WORKS ENGltlEERiNG DEPT 3301 EAST TAMIAMI TR/lJL NAPLES, FLOHIDA 34112 PROJECT NO, 63041 PROJECT PARCEL NO, 150 A 9 N!tj ;t/~. 3~8 /;19:2 CfP C<H!81T "A" .bE.GALDfSCRJfI1QN & SKETCH (NO T A SURVEY) I The South 25 feet of the North 75 feet of the West 165 feet ofTract 47, i Golden Gate Estates Unit No.5, as recorded in Plat Book 4, Page 91 of I the Public Records of Collier County, Florida. NORTH PROPERTY LINE --------------------, I . . (GOlDE" GATE BLVD) I (EXISTING 50 FT RNI EASEMENT .. _.. _. _ _. t_.. _.. _.. _. _ _ _. _.. _. _ _ _. _.. _ _. EXIST:~~:L!I~E- ~' ,-..- 25 FOOT SIDEWALK, DRAINAGE, UTILITY AND MAINTENANCE EASEMENT \,'E..5.IEROPERTY lI.I'~ EAST PROPERTY LINE .---~--- ~' 165 FEET ----,-~--, '~---f' ,S~UTH ~FR~~~Y,LINE--.J SCALE 1 inch: 100 feel r-'~<,n'",., ' :, " , /', ~N:.,.,.tf.~t!?~L.J..) ~moPARED BY' ''; ? /,' . ...... ,'''' I.? ',;p.....'" ') ,",'r. ~'~7. hJZ//j/, ",.." t\l f\ ; 7 I" 'j / / .:JEcfR~;;. RIChMOND P L S 2406 '-. v",, ',-" PUBLIC WORKS ENGINEERING'DEPT, /?/ / 3301 EAST TAMIAMJ TRAIL ~ p'-, 7 NAPLES, FLORIDA 3~112 ~ \]. .........-"... ~.'.-~..-.- ';.-:.,:;.-._'...."-,.-"..,......".........,'; It_ (' ~ II .~, ,... ~. ~", n " ~ I :::. _ . ~.... .. ~~. _ _._ ~ ,^ _. i"" ,_, ~ ~...~,., _, ,- [~\"HB\1 u~ PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 150 AT 36812920009 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 102 feet of the South 20 feet of the North 95 feet of the West 165 feet of Tract 47, Golden Gate Estates Unit No, 5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. f"'.............,..........,......., .'" L'C-.~.~- ..,,~. ....:l:""-""'..~._..- '. ~ r.: ':~iJ~~,~"i'(rh~) ,.), 'A"'".~ ,.". -':--...' f, (i\ L 7 iv ..f : .. , ' , , 'A~ ' ,1 PG. -/ <=><. ~' P - . ,:~;(Z'~D~',":,:;,:~.::/I" ~.'- .". "~, .... "/24/,,i///Y$" ~y ORG _ R, RICHMOND PLS, /I 2406 L/PUBLlC WORKS ENGINEERING DEPT, 3301 EAST TJWIP-MI TRAIL NAPLES, FLORIDA 34112 DESCRIPTION: OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL ~f NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION (NOT A SURVEY) ('00' ROW) GOLDEN GATE BOULEVARD ________~~I~~~~ R\ _~S~~EN~_~______ ~-------- [ 25 FOOT DRAINAGE, SIDEWALK, UTILITY, & MAINTENANCE EASEMENT EAST 165 FEET OF TRACT 47 TRACT 47 WEST PROPERTY LINE THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 165 FEET OF TRACT 47, GOLDEN GATE ESTATES,UNIT NO, 5, AS ~ RECORDED IN PLAT BOOK 5,PAGE 91 OF THE PUBLIC RECORDS J( OF COLLIER COUNTY, FLORIDA DRAWN 8Y CHECKED BY SCAlE 1" = 100' FI~E NO, DATE JULY 16, 1996 GGB150B PROJECT NO, 63041 PROJECT PARCEL NO, 150B 'Foil...... )l"ll:l.,\~O(J05' 8lH1BiT "';" NORTH P~OPERTY LINE __C_:XIS~~~ RIGHT OF WAY LINE \ l~ ~ ~ ~~~ o 51 100 -- EAST PROPEFH'( lI"'E ~?::;/J/J!L,','/q//lff // GE01lGE R RICHMOND P &:"~ 2406 PUBLIC WORKS ENGINE~RING DEPT, 3301 EAST TM1ltMl TRAIL NAPLES, FLORIDA 34112 , ~ SHEET l' I :2!Xl ~.__m_>, ..'-~~jj':~': n~ F rO.~'z'G.~L~/1 r!~ 2 7 ,.__ :,.: ; 7~ ~G fYH1SIT hAlt / // PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 150 8T 36812940005 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 80 feet of the South 5 feet of the North 80 feet of the East 165 feet of Tract 47, Golden Gate Estates Unit No, 5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida, r~~~-'~~""',~, " f .,iJ'J'.el{i.?,)',',i :- ,"A ::~i~ ,} .., "; ! , t. I I,,,,., . PR~L~ ~G.,.._,_..,,17 ! ~ARED ~~"~,.." ..' - .~ "C'- ,.,.,; ~,. "c .R~..J. .....yj/~~ lih'~{{;CH ND PLS, It 2406 PUBLIC WORKS ENGINEERING DEPT, 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 PROJECT NO, 63041 PROJECT PARCEL NO. 151 / /0/0 ,A/o. 3~ f3&/Q~{)OO EXHIBIT "r\" 1,E GALDE.S.C HJ P-IJillL&....SKEICl::I (NOT A SURVEY) The North 15 feet of the South 65 feet of Tract 34, LESS the East 30 feet thereof, Golden Gate Estates Unit No.6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. _NORTH PROPERTY LINE WEST PROPERTY LINE ~---- _._---_._-~. EAST PROPERTY LINE 15 FOOT DRAINAGE, UTILITY AND ~AI,N~E~J~NC,~ E,~S~~~~.~..,." ,] ,~O.~, .=' - , - - , . - . , - , . - . , - . . - . . - . . - . . - . . - . i - . , - , . _I (E XISTING 50' PJW EASEMENT) EXISTING PJW LINES ~.l L..____..___ _2.0LJTII!~Clf'~R.!"1I~ (GOLDEN GA ~E ~L ';D)__ r-"~"" .1 ~1O. fla:::/~/2(/~&{A A; l~ GEORGE R RIC~iMCND Pl S. it .::~~; .,; PUBLIC WORKS frIGII~EERING DEPT, ~ 3301 EAST TAMlAMI TRAIL ~ p" ,., , NAP I ES, FlORIDA 34112 t,.cc' SCALE: 1 Inch = 100 feel Cc!l;cr Counly nCCll Prorelty '.~an;Jgernent Derartmenl "J:(i3x.~) ,) 7 -;': I.. I" . ~; ;;<f "~-'.- -"'.~ ~-"-",- ~ ."" "_-~_ "" ,,~: 3 "', ..._." EXH!8IT tJA" PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 151 T 36861940001 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 190 feet of the North 25 feet of the South 90 feet of Tract 34, Golden Gate Estates Unit No.6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. 4~:':iC .... I ..' ~ ,.... 4/;0 ;t/c,' 3cP B /~ 9/POoO / --------- WEST PROPERTY LINE- --- DESCRIPTION: OFFICE OF CAPITAL PROJECTS 3301'EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT NO, 63041 PROJECT PARCEL NO, 152 (~\.\\B\1 ..~' (100'ROW) GOLDEN GATE BOULEVARD 330' NORTH PROPERTY LINE ________EXI:~_.:~ IW ~~SE~ENT ~__.1__j- - EXISTING RIGHT OF WAY LINE 25 FO DRAI & MAl r-'- -, T ROAD RIGHT OF WAY, GE, SIDEWALK, UTILITY ENANCE EASEMENT THE WEST 150 FEET TRACT48 s: ui I- W W n:: I- (fJ :i I- ~L~ o 50 100 TRA T 48 __._ EAST PROPERTY LINE 150' 330' SOuTH PROPERTY LINE THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 150 FEET OF TRACT 48, GOLDEN GATE ESTATES UNIT NO,5, AS RECORDED IN PlAT BOOK 4, PAGE 91 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA DRAWN BY ~?Z/%W7it0f7 OFfuE R RICHMOND P L.t:i406 , PUBLIC WORKS ENGIN=ERING DEPT, 3301 EAST TA:"IAMl TRAIL NAPLES, FLORIDA 34112 SCAlE GGB152 SHEET 1 OF FilENO 1" ~ 100' -'I 200 ~',,,,,,,,._ c_",...,. ...... .'-......~ ......" ,,:j>c4t~=-- ,:, ,., 7 1"'" '" 'Ii Ii I .. i L f...........,~ , ?o :.~~~ ;.-:;:, --:::._-'::;~;"-:-:;-::-:-.:,:--~~- ~rwan 0);'1' / ,// PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 152 T 36812960001 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 78 feet of the South 30 feet of the North 105 feet of the West 150 feet of Tract 48, Golden Gate Estates Unit No,S, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. f""'.-""''''~''''',;~~: ......'..: -.;.....-:.. n._-.....,...<\;.'>.....~........ I A, '(I "~ ^ 1 NO ~ ]?, f!1..:T-/- t , ",. ::~-: .-0. ~ ;~l ~ - ." _. - ~ ,; ,. . t', :. An, 2 7 "'" ; : ~',~ ,I ~'" J/ .... . f,'V''';-$>>~ ...-,_;~;;' ::;~~.~: ;,. . ?;:EDB~'~ If /,1 ~"~,~,,{~t/cJ!rft? ORGE R. RICHMOND PLS, # 2406 PUBLIC WORKS ENGINEERING DEPT, 3301 EAS T T AMIAMI TRAIL NAPLES, FLORIDA 34112 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 t': ' / //o/c;' I'Ve, :]68/3uOuco/ SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT NO, 63041 PROJECT PARCEL NO, 153 ;-:11 I;\:: ': (100' ROW) GOLDEN GATE BOULEVARD 330' - NORTH PROPERTY LINE EXIST, 50' R\W ASEMENT ---u-=t--h-T- __~XIS~~~RIGHT OF WAY LINE - -1--1 25 FOOT ROAD RIGHT OF WA DRAINAGE, SIDEWALK, lJTILl y, & MAINTENANCE EASEMENT HiE EAST 180 FEET LESS THE EAST 30 FEET OF TRACT 48 r--r-~~ o 50 100 1 200 ~ Ul f- W W 0:: f- Ul I WEST PROPERTY LItlE -- I- 01 - --- EAST pnOPERTY LINE N T CT 48 1~ W 330' SOUTH PROPER'N liNE DESCRIPTION: TflE SOUTH 25 FEET OF THE NOIHH 75 FEU OF TilE EAST 180 FEET LESS THE EAST 30 FEET TflEF1EOF OF TRACT 48, GOLDEN GATE ESTATES UNIT NO, 5 AS RECORDED IN PLAT BOOK 4, PAGE 91. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA ~/7e:a!/Y> ~~i< R tc7;~~~ND PLf;"~406 c" PUBLIC V'/ORt($ ENGJNEfRJNG DEPT. 3301 EAST TN."AMI TRAIL NAPLES, FLORIDA 34112 1" = 100 ..-- CATE FILENO JULY 16, 1998 GGB153 i~ SHEET 1O,OF :1'-" ~ , ------f- " -Ci?i~--i i-'i< 7 7 [~.J ' PG. ___?~ DRAW~J BY SCAlE , , ~ ,.....;7 €XH\BlT 'W' / PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 153 T 36813000009 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The South 30 feet of the North 125 feet of the West 20 feet of the East 50 feet of the East 180 feet of Tract 48, Golden Gate Estates Unit No,S, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. ,.',,'I~, ;:d~';j2J'il,,5-[ A.' , f ,-ii 2 7 L:,) t D~ p(;.~f~ f ~~~2JZ-~~,~-",'~,~~;i GE6&E~' RICHMOND f>i?'tf2406 PUBLIC WORKS ENC3iNEERING DEPT 3301 EAST TA1.1IAMI TRAil NAPLES, FLORIDA 34112 PROJECT NO, 63041. PROJECT PARCEL NO, 155 ;:0/0 NtJ.' 3cP86388tJOOL! EXH\BH "i\. LEGALQE~CRlrnQN-~KETCH (NOT A SURVEY) ,..--- ,---- The North 15 feet of the South 65 feet of Tract 63, LESS the West 30 feet thereof, Golden Gate Estates Unit No.6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida, _N.QRTH PROP~f1.TY.JlNE 130 FT 30 FTI 300 FEET W~TI';1,Q.PER'T'T'_~N~J _~. EAST PROPERTY LINE ...-~_. EXISTING RN/ LINES -- j-- 60ft 15 FOOT DRAINAGE, UTILITY , , , ., , r, ,~N~ rA~I.~T~N,ANC,E ~,ASE~~~,T, , '. L., _'. __, _.._., _"_"_.' _.. _.._.._.._,._ j (EXISTING 50' RiW EASEMENT) (GOlDEN GATE BLVD) SOUTH~florER.IY,~NE ,:=Y--' , ~RfGeY i;// ' AJ.'" ORGd:~N()P1trt PUBLIC WORKS ENGINEERING DEPT 3301 EAS T T AMIAMI TRAIL IIAPLES, FLORIDA 34112 SCALE 1 inch' 100 feel ColI:er CO~lf'ty Real Prc~et1 ~J;la'Jf;ment Oeparlmenl " 06/30/98 5,25 PM ~(~XJO ,D -..~ ,) 7 '''''',1"1 r'l_ !""J _rfi,_,.__ .'" ','.,'''-'c". ---..--~., ~~--'.b '_:_',':':~,:.'~.k ". "1" ...'. 8-.~l6\ \ f'" PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 155 T 36863880004 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 175 feet of the North 15 feet of the South 80 feet of Tract 63, Golden Gate Estates Unit No, 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County. Florida. ,- r-;;;;'.f@(0 I A'::;'-' 7 ;" , , I I', L, ;"... ,: i ' DC. ,_. ,_,1.5 ....._ ; ~R -; · EDSY:";' Z .um_ ..,..,<A/44/..c;j~A? FORGE R, RICHMOND F1'(S # 2406 PUBLIC WOF,KS ENGIN[ERING OEPT 3301 EAST TAMI.t-MI TRAIL ' NAPLES, FLORIDA 34112 PROJECT NO, 63041 PROJECT PARCEL NO, 157 fO\'lo NO. 3G7~L3qI.o0005 .L~AL D.E.s.cRlEILQM,& SKETCH (NOT A SURVEY) .... ,."'f~ f.t,.~\f.;~ \' The North 15 feet of the South 65 feet of the West 150 feet of Tract 64, Golden Gate Estates Unit No, 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. NORTH PROPERTY,LINE 1 150 FEET 1 , WEST PROPERTY LINE -,-, --> EAST PROPERTY LINE EXISTING PJW LINE -~~~~~.._.. ___ ,_ 15 FOOT DRAINAGE, UTILITY \ , .... , , , ,....1.. , , .., .... AND MAINTENANCE EASEMENT "----'r----- (EXISTING 50 FT, RfW EASEMENT)~ ;,< (GOLDEN GATE BLVD,) ,. ~0:JT~ROPER.IY~ . ,: RG~i~(Jv~' r"""'c_v:, BUC WOI,KS E1JGINEEr<lNG DEPT, , ..' ' 330' EAST TAMIAMI TRAIL " hu. '_, "" ',' NAPLES, FLORIDA 34112 _ 06/~,^:J8 5.~ j~ t p:: SCALE: 1 Inch = 100 feel Cellier County Real Property t,1anagemenl Department (tJXf) , 2 7 ~'.~~~: -g>6 ',_'" i .'-r"""~ EXHIBIT "~. // PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 157 T 36863960005 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the North 20 feet of the South 95 feet of the East 180 feet of Tract 64, Golden Gate Estates Unit No, 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. ,~~~~~:gfij(a~ PUBLIC WORKS ENGINEERINGDEP1J.\ :" ", 7 ~" ('. 3301 EAST TAMIAMI TRAIL d ,; /..., hn. ~1 NAPLES, Fl.ORIDA 34112 ":,:";~,,,,;:~1.., ",.~ .-r ..i!\.~ I -\J I ".-, I {\\/ t,,,MI;)lt ". PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 158 T 36864000003 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the North 10 feet of the South 75 feet of the East 180 feet of Tract 64, Golden Gate Estates Unit No.6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. ~RE REO BY: ~~/J, ..: " ,t/';;d/;"-d...M__' .. ........ .. '" Z4-.., ......,f/!.7-'/~'v' ' .OR R. ICHM' D ,lS, ii 2406 " PUBLIC WORKS EN INEgRING DEPT ..d'(~ 3301 EAST TAMIAMI' RAlL ' t NAPLES, FLORIDA 3 112 A'J r, ') '7 '".,', .': ". I 1'\ t {, I.. v '.. . 1'r : PG. () j ~. _~ "',r~ ~ ~. _ ~,._._.-. . ,,""U~r"c"-..rc:' ".'~"'''''..'!::'''>,., Or :.-_~-Y-'" :', - PROJECT NO, 63041 PROJECT PARCEL NO, 159 f6!t(};t)) 3/P 8 &'-lo8CC:O 7 J..E.GAL DESCRIPTION &,SKETCH (NOT A SURVEY) EXHIBIT j,(\, The North 15 feet of the South 65 feet of the West One Half (1/2) of Tract 65, Golden Gate Estates Unit No.6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. , / NORTH PROPERTY LINE 165 FEET \. // l EAST PROPERTY LINE WEST PROPERTY LINE t'K 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT EXISTING FWllINE -.. -.. ~~~:~~T:B~~~" '.':'~'::'~': l~':'''~':'''~: -., -(~~I~I~~:;T:~'~~~~"~" soum PROPERTY LINE h:~D~/7IJ ~,,,,-, 72;{;--,Ji/hf EOR E R RICHMOND P L ;( ~ 2406 PUBLIC WORKS ENGINEERINC DEPT ))01 EA!iT TAMIAf'o..1j TRAIL NAPLES, FLORIDA J-4i 12 SCALE: 1 Inch . 100 feel Comer County Real Property Management D.; ,;lmenl r" "~:~':';f (6'iYj;];~~";t PM I f\ :,) ,) 7 .'"""J' ~ ~ h, II L, t ,. -' ~ ~ f' ';'.. -;./1:1;.,,:=, ~. ~ PROJECT: PARCEL: FOLIO: EXHIBIT "1\" Golden Gate Boulevard 159 T 36B640B~7 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 70 feet of the North 15 feet of the South BO feet of the West One Half (1/2) of Tract 65, Golden Gate Estates Unit No, 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. \. ~. ~. ,C j,~:::'~:;'~~ l" ;t~ARE "BY? _/ j ,j , l2~ "~,~/7jI/J.j ?7'~,~ORG R, RICHMOND P ,S f 1<06 PUBLIC WORKS ENGINE ERINQ DEPT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34' 12 "='~"~""":" ,,~.,,' ,'''- , i !to. ~,":'i'bY.6Y~ I ',' ",a~ ~/~ ~ A -;. ;:. f'l .., ~ .--.: ,~. ~ i' ! h L ! ~..........} ; i F(' __,_~q , f!I...." T'~-._' f.:.<"......~.."... .~-7;......",.ii. OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 'c% IV 0, ' 3(o8/5~C; ()C03 SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT NO, 63041 PROJECT PARCEL NO, 160 O:~IBIT ..~" (100'R,OW) GOLDEN GATE BOULEVARD 330' NORTH PROPERTY LINE EXIST, SO' RIW As_E_MEN_T_I____, __ '__n_____________'- _ __C_~XIS~~~IGHT OF WAY LINE t~ : ~O~, ::.,:,:, SIDEWALK, UTILITY, & MAINTENANCE EASEMENT THE WEST 180 FEET TRACT 79 ~ o 50 100 TRAC 79 WEST PROPERTY UNE~ --- EAST PROPERTY LINE 1~0' 150' 330' --, SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF WEST 180 FEET OF TRACT 79, GOLDEN GArE ESTATES UNIT NO, 5, AS RECORDED IN PLAT BOOK 4, PAGE 91, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 2-'fARE?~ / / ~ ~ce:-/AeU,:1ld~ //1 EORGE R. RICfW00NO P S" 2406 PUBLIC WORKS EN31NfERING DEPT, 3301 EAS T T AMIAMI TRAIL NAPLES, FLORIDA 34112 -DAAWN~]~Eii'av-----[SCAlE-.~DA1E' 1" = loa JULY 16, 1996 '_._--~-----,. --~-"-, .._.-, fiLENO, GGB160 .__~~T 1 Off 1 I 200 f~''''-' . . N'~"" 0/'6,- '" J ,Ol'~/ : i'~' r--. ..., ; i... I k. " 7'/ EXHIBIT ufJ:.. PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 160 T 36815240003 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 85 feet of the South 25 feet of the North 100 feet of the West 180 feet of Tract 79, Golden Gate Estates Unit No, 5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida, ..' . ,}-' ,..,;4~~ . ~~.)~I ~~.:."" .- ~ ~~~~~. . r_: .:.. ' ...-""1- ~ -.' '- ~, R,~A~L!"",..1:ri7' JE~/fRICHt#)N.9.e1, ."Jt 409 ,.~~-" PUBLIC WORKS ENGlfjEERINGD.EPTC'/j~' '1:) 3301 EAST TA."-1IAMI T~IL~W. J> V NAPLES, FLORIDA 34112 .,,'..:,~ ,,:-.~ A,' 1" '7' . .; .'t L. :....-..- "~ ~ PG...,_H''lS......_ ~~" _, ~!.-._ ,,'.... ...." ,", ._.~_""',', 0" . . .. PROJECT NO, 63041 PROJECT PARCEL NO, 161 mlc NO 3&8 &l/tJ'iCO05 EXHIBIT "A," lEGALDES.cBIEIIQN &uSKEICH (NOT A SURVEY) The North 15 feet of the South 65 feet of the East One Half (1/2) of Tract 65, Golden Gate Estates Unit No.6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE __u___=~ 165 FEET WEST PROPERTY LINE --. -~-~--_.__._-_._._."-. EAST PROPERTY LINE ..~~------------~ EXISTING RJW LINE _~-.' ='.u:=~ ~~~J . . _ . . '.'.... ",..[~.-','=. "----'r"----' 15 FOOT DRAINA.GE, UTILITY AND MAINTENANCE EASEMENT -- GOI.DEN GATE BLVD, (EXISTING 50 FT, ANI EASEMENT) -- __Un. -~S~UTHr_ROf'~RT!lINE =:J---- -- _u__ , ~'~.':I~~:'';' " i?~:JlZt/u:i01- ~,~ORGE R RIChMOND P L tif2~ PUBL Ie WORKS ENGINEERING DEtT 3301 EAST TAMIAMI TRAIL ~ ---~--_._-----_.. - ~-- ~ ----~---~~---~-----________ !'!~~~~:?!f.,=-gf3!Q.A_}~.~J2 ~__ rG... ( ...'~. seAL E: 1 Inch . 100 feel Collier COIJnty Real ProrP-fty 1,~JIlJgeiT1enl Department n".I?1/QQ 1f'1 (\, fl" C.t3U) j 7 ;._:~J ,~~.f~ ,.._.. OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 -;:::010 A0' 3& 8/5d8()c()5 " / DESCRIPTION: SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT NO, 63041 PROJECT PARCEL NO, 162 ;'qHni ,t';.r'i .~ (100' R,OW) GOLDEN GATE BOULEVARD 330' NORTH PROPERTY lIt~E EXIST, 50' R\W ASEMENT t "_,,_,,_,, ..L,,_,,____, _.C,~XISTIN~RIGHTOFWAYLINE --f------- 25 FOOT DRAINAGE, SIDEWALK, UTILITY, & MAINTENANCE EASEMENT THE EAST 150 FEET TRACT 79 ~..-~;... o 50 100 TRACT 79 WEST PROPERTY LINE --- ---- EAST PHOPEHn U~~E 1BO' 150' 330' - SOUTH PROPERTY LINE THE SOUTH 25 FEET OF TIlE NORTH 75 FEET OF EAST 150 FEET OF TRACT 79, GOLDEN GATE ESTATES UNIT NO 5 AS RECORDED IN PLAT BOOK 4, PAGE 91, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, if7JZ!/Yid7' ~E?RGE R RICHMONO PLS * 2406 PUBLIC WORKS ENGn~EERING DEPT 3301 EAST TAMIAMI TRAil NAPLES, FLORIDA 34112 Df1AWt~ 8'" CHECKED BY J:E JDATE [LE~ 1"= 100' JULY 16, 1998 _ GGB162 ~SHEET 1 I 200 .--' g?~W) , (1:< 2 7 ~ ::: ~ ~! ~ PG._,,_~9t i! M',,,,, .~, '~"--'_..L' _ -c.._ ..-.-....~.,. '.-'.'.,,"" - / / EXHiBIT :.j,~1l PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 162 T 36815280005 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 66 feet of the South 20 feet of the North 95 feet of East 150 feet of Tract 79, Golden Gate Estates Unit No.5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County. Florida. -, . '". . ...,!. i. .~ '. . . -- ~'';:.~,' , :':- ' P~)f9>J.tL:'-'j// ",.,.." ~",...~dY/.r;,C .,....,i.~:~o/9f 'ffA'b/ /-- ,EORGE R, RICI 1I0t-fO p(i; tf406u ~...,.,.A;t"; PUBLIC WORKS ENGI,}~ ~EEER\NG QEPT, , ..-: 3301 EAST TAMIAMI T'kAIL I-L " /" "7 ' NAPLES,FLORIOA34112 , .. ,... ,. : ;., O~ :".,.,, :,.' /";';,-", OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 rbi/v NO' 3t8 /53:2 {JOG '-/ SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT NO 63041 PROJECT PARCEL NO, 164 f~ UI,-;.~r1' J (100' R,OW) GOLDEN GATE BOULEVARD 330' NORTH PROPERTY LINE EXIST 50' R\W EASEMENT-, i I j EXI n__ ---- _ _ _ _ --- u__ --, _ -1- --I T1NG RIGHT OF WAY LINE 1"-"-"-' I TRACT 80 I I I I I I I I ' :~ len .f- 'w I~ :f- I~ :f- IN 25 FOOT ROAD RIGHT OF WAY DRAINAGE, SIDEWALK, UTILITY, & MAINTENANCE EASEMENT !~ r-~~--~----I o 50 100 200 WEST PROPERTY lINE- -~- EAST PROPERTY LINE / / 300' 330' -- SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH '/5 FEET OF TRACT 80 LESS THE EAST 30 FEE T THEREOF,GOLDEN GATE ESTATES UNIT NO, 5. AS RECOfWED IN PLAT BOOK 4. PAGE 91 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PR7""lED B~ # / J j ~<'.CCJ /;};i?i~/ ;j/1ff"? OR6ER, RiCOrr~OND P L S, # 2406 ( PUBLIC WORKS ENG\W::ERli>lG DEPT. 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA34112 GGB164 6U)~ L 7 ;~, ~ ?G',"M___Z~ #"".~T_' "''''''.L'''''~.''''~~l''_-:''''_.\'''''''.... ORA/...'t~ BY SCAlE 1"' 100' FILENO OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 rollo V,' 3&B/St.j{)OO(j 5 - WEST PROPERTYUNE~--- DESCRIPTION: SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT NO, 63041 PROJECT PARCEL NO 166 (;Ul1l31i ' \ (100' R.OW,) GOLDEN GATE BOULEVARD 330' NORTH PROPERTY LINE - EXIST, 50' R\W EASEMENT- --T--J----------- ______=t_____, __[=_~XIS~~G RIGHT OF WAY LINE "-'1-"-"-" 125 FOOT ROAD RIGHT OF AY '1' DRAINAGE, SIDEWALK, U ILlTY, & MAINTENANCE EASEME H s: I,/) tij r-W WU- WO LLr'l or- ~t3ro r-5:r- I,/)WU WIg 5: 1- W(/) 'L(/) f':~ -J w \ \ ~~ o 50 100 tU LlJ n:: I- I,/) T 1- h N TRA T 81 -- EAST PROPERTY LINE ~J 150' 180' 330' SOUTH PROPERTY LINE THE SOUTH 25 FEET OF THE NOR IH 75 FEET OF THE WEST 180 FEET OF TRACT 81 LESS THE WEST 30 FEET THEREOF, GOLDEN GATE ESTATES UNIT NO, 5 AS RECOIWED IN PlAT BOOK 4, PAGE 91 OF THE PUBLIC RECORDS OF COLLIER COUN rY,FLORIDA - - :W" BY J:CKED BY ~F'ARED BY, ' ~ ~/ 4ZLI.uu r/~;/);? .zEOJ?c;~~ RISHMOND P L 9';2406 PUBLIC WORKS ENG!NEER;NG DEPT, 3301 EAST TAMIAMJ TRAIL NAPLES, FLORIDA 34112 ,'.-- SCAl E I" = 100' ~ f'{ 2 "7 -L~:,:: t,. ,~::;::-;~::.._11';"',,~J t(13XJf) filENO, ._~EET1 GGB166 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT NO 63041 PROJECT PARCEL NO, 168 r-c,bc~ 'J.\.~ \S'l'iOOot n,l-Ilo\i "1\' GOLDEN GATE BOULEVARD 100' R OW 1-- NORTH PROPERTY LINE ,- EXISTING RIGHT OF WAY LINE J_ _ ____ _ _ ____ _ __________t____ __ __t_______ - - EXIST, 50' R\W EASEMENT,- I 25 FOOT DRAINAGE, : SIDEWALK. UTILITY, L & MAINTENANCE EASEMENT il. :\; ,'. I j ", ,Ii" 1", .1 ~~ o 50 100 200 WEST PROPEF:iTY LlNE---- - H - EAST PROPERTY LINE L__~ SOUTH PROPERTY LINE DESCRIPTION THE SOUTH 25 FEET OF THE NORTH 75 FEET OF TRACT 82. GOLDEN GATE ESTATES, UNIT NO 5. AS RECORDED IN PLAT BOOK 4, PAGE 91, OF THE PUBLIC RECORDS OF COlLIER COUNTY, FLORIDA U PREPARE~Y ,/ (;2: ./~~ _____</ii-i) .;;GEORGE R RICHMOND PLS, # 2406 PUBLIC WORKS ENGiNEERING DEPT COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST T AMIAMI TRAIL NAPLES, FLORIDA 34112 r GGB168 .~ SHEET 1 ~~C6Xy) ~ 2 7 :,. . c;)(' L~.~L,,:,,::-;,/; ;,y;, DRAWN BY CHECKED BY ]SCALE DATE 1". 1()()' APRIL 7,1999 ....._-_.. FILENO ,- -, PROJECT NO, PROJECT PARCEL NO, Fe \. 0 11. 3 I" ~ b (. 0 'I 000 3 63041 169 l.EGAL DES.CRIPTION & SKETCH (NOT A SURVEY) EXHlliif ",'." ,,". . ~ . ....' The North 15 feet of the South 65 feet of Tract 96, Golden Gate Estates Unit No.6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. NORTH PROPERTY Llt,E 1 \. WEST P~PERTY LINE -/ . 330 FEET 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT~ EXISTIt,G pvw lIt.E 1 - , ' - . ,t ..'~ '.'.. ~ '.',' ~ "';E:~'TI~'~~~ ~>~E~~:E~:;)"'~': r' ~ '.'.' ~ Collier Counly Real Property ManaQemenl Deper1menl SOUTH PROPERTY LINE i SCALE: 1 inch : 100 feel '1'1 ~ EAST PROPERTY LINE ~ \ ~" ,..----- \ GOLDEN GAfE Si.Va ,,' p~Reb BY/7 '/.4 I. "7 4LeA~ /Yhr /<:;!'15ii<rtt~CliMOND PL S, # [406 '-'1'UBLlC WORKS ENGINEERING DEPT, ",'_-0"'" , ,.'. ," .."._--.~ 3301,EASTTN~IAMITRAIL "" ','-', .."I',',~y..../~ NAPLES, FLOR:D~~__._~~-,- 8'~ '\:...:..f..;.lA7 A 0612JI9IJ;1140AM ;;;' "~ .., ~":~ ~ : ~\t.\.c..f t.,~~.". i . 9f PROJECT NO, PROJECT PARCEL NO, 63041 188 Fe \ Ie -lr: ~ ~ c, ~ \ 01 0001- LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) ~~HjS;, The West 180 feet of Tract 17, Golden Gate Estates Unit No.8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE (EXISTING 50 FT, PJW EASEMENT) - ,":,~".~",~. r.. - .,j WEST PROPERTY lIrlE ! ------0- I EAST PROPERTY LINE ..~-- , 30 FT 30 FT L SOUTH PROPERTY LINE 150 FEET ~'~4zt/t/~d' /. E6f& R RICHMOND ~G(~ 2406 PUBLIC WORKS ENGINEERING DEPT 3301 EAST TAMIAMI TRAIL NAi'L,EgLORIDA -~'!!.~, r"- "--'~""~' i '''. .k(~fZ)l SCALE: l/ilch = 100 feel Coliier County Real Property 1,lanagemenl Department 04108/$l1.13 A;' i~ , I j P'~ , 2 7;:":3 /tJo PROJECT NO, 63041 PROJECT PARCEL NO, 216 ij:'o\"o~" 31.''\..S5100Co:l., ~.y,\--\,,\\\', ,If," LEGAL DESCRIJ:lTION & SKETCH (NOT A SURVEY) The West 180 feet of Tract 81, Golden Gate Estates Unit No.8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. 1____ _NORTI1.~9'pERTY LINE (EXISTING 50 FT, PJW EASEMENT) - ,,:;~,,~"'~. r.. - .,' WEST PROPERTY LINE ! ,------.- ;..- > I EAST PROPERTY LINE . ---~----_.._--~---_.- ---------' 30FT 30FT ,.L. SOUTH PROPERTY LINE 150 FEET ~~g;6~tk'<.':"'~ VPUBLICWORKSENGINEfRiNGDE'.tT. '~''''.. St"flYLi'l. 3301 EAST TAMIAMI TRAIL r,l \...' 7{.'f- /;' NAPLES, FLORIDA 34112 . " --t - I - n } 7 ~.-..--; ; L I....., 04/i8/99 D~J ~~.. -..I., t:J / L '..,". ..' '<. .'..,: :;::';', ;:,:"., seAL E 1 inch = 100 feel Collier County Real Property ri\JnagemGnl Department PROJECT NO, PROJECT PARCEL NO, r-ol.()~: J~\I..3,,~OOC] 63041 320 t.y,Lli:,;; : LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The West 180 feet of Tract 52, Golden Gate Estates Unit No, 12, as recorded in Plat Book 4, Page 105 of the Public Records of Collier County, Florida, NORTH PROPERTY LINE 1 IEXISTING 50 FT, PJW EASEMENT} - ""~,,~, '''~ . r . . -,! WEST PROPERTY LINE EAST PROPERTY LINE \ N r\ \ , 30 FT 3D FT 150 FEET J SOUTH PROPERTY LINE T ~~2~~g~0:!1~1n... " l./'PUBLlC WCRKS ENGINEERING D[PT, I Wi, 3301 EAST TN"AMI TRAIL f NAPLES,FLORIDA34112 '---'-1" 04108/99 ~20 PM ~ ;... ',~. , SCAl E finch = fOO feel Culi,er CO'Jnty Real Property ~,:a"agemenl Department t@;j:/): of II 2 -; 1. ItJCJ... EXECUTIVE SUMMARY "- REVIEW OF DOCUMENTS NECESSARY TO CREATE A COLLIER COUNTY COMMUNITY HEALTH CARE COMMITTEE OBJECTIVE: To assess the health care systems currently serving the Collier County Community. CONSIDERATIONS: The County Commission, in its recent strategic planning session, directed staff to prepare the documents that would be necessary to create an ad hoc committee that would serve to investigate the current health care systems within Collier County and determine if in fact all of the different segments of the population have adequate access and sufficient care. The attached resolution, which has been prepared by the County Staff in conjunction with the Public Health Department and reviewed by the County Attorney's Office, provides for the membership, the goals and the general function of the committee. The presentation of this committee was slower in being returned to the Board for consideration as it was determined following the strategic planning session, that the Greater Naples Civic Association had created a committee similar to this as a follow up to the previous efforts of the Focus Group, Although not a traditional GNCA type issue, the Association felt that the issue had sufficient community interest and concern that a continued effort to research the issue was important. When approached, GNCA representatives indicated that a committee sanctioned by the County Commission might be ~ able to obtain information easier than would tl1eir committee and was willing to disband tl1eir group if/when the County created its own (see attached letter). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the creation of this committee as there is AD Public Health elarent incluOOd within the County's Comprehensive Plan. FISCAL IMPACT: The cost of this committee will only be that associated with the staff time required for support. In general it is anticipated that the Public Health Director would represent the County's interest on the committee and agendas, minutes, and other support functions would be paid through the Public Health Department. Additional hard costs for such support is anticipated to be less than $1,000 annually. RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, authorize the creation of the attached Resolution following review and approval of the County Attorney's office, creating tl1e Collier County Community Health Care Committee. ~ ices ~dnis~ator ler C~~ Public Health Director Prepared by: , ''Ag::-': r.~ '~''''~' No. ,_'1C(;),__. APR ~ 7 )::b~ P~.__J__ ....----: RESOLUTION NO, 99- A RESULLTlO:--': ESTABLISHING THE COLLIER COVNTY COMMUNITY HEALTH C\J(E REVIEW COMMIITEE FOR THE PURPOSE OF REVIEWING EXISTI!\:G HEALTH CARE SYSTEMS IN COLLIER COUNTY; TO DETERMINE IF ADEQL'ATE ACCESS AND HEALTH CARE IS AVAlALABLE TO ALL OF THE RESIDENTS OF COLLIER COUNTY AND IF NOT TO RECOMMEND ACTIONS THAT MIGHT BE TAKEN TO ADDRESS AI',Y LAPSES IN ACCESS OR COVERAGE \\'HEREAS, aJI health care pro\'ided directly to tl,;S community Wltl, rJle exceptIons of Ccrt:lin IlIn:tcc C:JrC rrCJ\'ided to \'c!'\' limited popu!:ltJons b\' the Collier County Health Department art pro\>jJeJ r!1ujl;gf: r:-l\';1te ht::Jrlj Care prOVIders, and \\HEREAS, t',,'re IS no o\'erSlght of dle mJfl\' different health care systems to ensure that :liJ or CCJ]]lCf I:":UL;I1r-:':- rt'~;dtnts hJ,,'e adequate access to affordable healu1 care, and \\HEREAS, tn" Collier (aunt\' Commission during ItS ;rnnuaJ strategic plJflning sessions dISCUSSC;,:j ,i;'),(.; ~IS:-:....t,,-j t(J cunsider IInpanelll1g a COITUTIHtee of Interested area agencies, health care pruncl':":: ...,~. '_ ::l!r.u:llry k~ldtrs to fC\"le\\" thIS subject fOf a fixed one year period. NO\\ THEREFORE, BE IT RESOLVED BY THE BOARD OF COVNTY COMMISSIONERS OF COLLIEI~ COCNTY FLORIDA, tkn SECTION ONE. Creation of the Ad Hoc Collier Counry Community Health Care COIlHlliuee. 1>"r"..u01 t:, the pr:o\"SlUnS of Collier Counry Ordllunce 1\0 86,41, as amended, the Board ot: :OUll:\ ,OJ,,',:],:s,"',r,c:', crutes the Collier COUI1f\' Communit\' Health Care Committee as an a:.:!-!~ ~'\.- .1'...;': :-; ~l}lnl~ll~ttl' ;l ptnod of nor ro exceed ont' (1) year from ule date of this Et~():url' 5ECT10N T\\'O Appo;ntment oflllembers and Failure to Attend Meetings. :;~,: :;-~~':n::,(,:r: :l1c hC~Tby ;lp[)()lllred tu rhe Cullll'f Counry Commul1lty HeaJul Care Jin-..:T: rtu H [:;:.: Cl .. l' I'::', :(Jn~ :<.l~t(.~ 1:,~UlnnlUI1I~\ HospiuJ ~L'''t'h;-:j (]I:llC _,./::Jl': '-~'Al;-:I; \~{:dJc;tl SGCltt.... ::)l~:; l<..[ Clinic,Inc I>I\IJ Li\I,::-t:ICC Center F1Gr:J:~ :'<urses :"'~SOCi3UOll, Dlstnct 29 TZCfJrcd Ph'\:'lCliUlS :\.ssociat!on CorrunuJ'.Jr\' L.t..'.ldcrs ;!C:' ')(;11[\ .\ltdlc:ll :\lluJlce <h.l:~~;:'(',:: (I: ; jjrn.lncf(e j ',(' ;L'\:L;~ l~'L"\":i.-)prT:U1t l~~(Juncd .;i.": ]'LJb~:c ':::ch(}uls _." ,.: ] !~;j -.:l:: Scn'I-":l's Bcnrd t~,)r Dcpjrtrnent of Ch:ldren and FaInilies r- '\ ,,1,L':: \ urcrs ,,' ,I, ~Ir'. \;,i:-:"'--;' :<~u"j .;J\'lsur~, ~ 1L',t;rh PI,Ir'.dW1g (~(juncj] of SOUU1\\:tSr Rorida .\lC:1Lil ]-icdrh .-\ssociatlOn (-:,)]lll'f 1,-~()LJ1HY Hc.-;ilth l")ep;lfunenr :: ,l;]\ IC'JCllllJn of the Cull,er County] {eaJth C~re Committee J5 absellt from two (2) or more cor:secut!\'c lnC\:rlJ1S~ \\'ltJlour ;1 sJtisfactory excuse, such Jnernber's position JTIay be declared vacant by the I~i);ILj c( Cuunty Cornnlissloncrs. ..~ Agen"d,., ~~'" No. r "--~U ) APR 2 7 1999 P9._~ r-r-.... . SECT10:< ',;-:FEE. Officers; Quorum; CumpenSJ(;OIl, _'"j,C[ C',)Jll;1::.:111r:; l:t....~],h \,~<In. CumnllrttT ~lu~l be elected bi' :n~-,' }:~~::, : ,'...-l ....'-, :ncll;dc J <!:,Llr:r':.ld ;lllG Ylcl-~ChJ.lnl1;1n 1l1e presence _,r Ll,,-':j' ';:v]:L)c'~-,> :;I::1J; (';<::,I:rufC ;1 lju,->nlln The Cu~JI('r CouJ1ry COrTUTIUn1t''Y Health Care _',J:r.J: j, :7;.'~ ,l'-J -)rr n;;e" u( prucedures for the t[,U1saCtiOn of busmess 3.f'Id shall keep records of I11u:[Jl:.'i...'.' ::::~::l~~> ,il1d ucttnr.ll1:.lrions l11t nk'l11bers of die COITUTIlttee shall serve wlthout ~olnrCr.<:~;' [iL.;: J~--;J'. be reimbursed for tr3\'el, ITlileage and/or per diem expenses only If apru}',Ci.;. ':', .L:'.-~~J~'..:l', rj"je B'::.urd OfCouIlty Corrunlssloners SECT1()~ FOLK Functions, Powers and Duties of the Collier County Community Health Care CUI1lIl1i[(ce, !u;j:r;u: .-" ?C'Xl"fS :.J.nJ CUIltS ot the CollIer Counry ConununHY Healtb Care Cornmntee siu:: JC e"i:T,:nc th' C"':il1g ht~lth carc ;\'stems m place for all Collier Count\' populations, (0 :.iu:::-rn:. ;:- l!~ ~;1(' U;;;:1HJn CJf the cOITunittee there lS adequate access and care for the different PVPU;;ltIC-:b, :t;j,-~ l~- It .S dcrern:.ll1cd thar tl1ere 15 lI1suffiCltnt access or care, the committee sh,i:l re\'lt" :r:, l':"""b :(;r C(;r1tctJl1g such b-lps and m3ke recommendations in the form of a fmal repurt tC, the ~;,),,,c: '::,m;:1t\ 'c,OIT1JmSSlOner; \\11en lookmg at proposed optIons for any shortfall m Jc;:-e:;s elf..-, t;l;;!l'o'.'ed u~t of eXlstms :-esources shaJJ be the preferred option conSIdered The UJ;Ti..:r.:n~~ ::.:: iJ,;:-tJ:U:;li ~lw,:nI:C)n [U r~rl'\'c'lirl\'(: :.J.DC pn:nary CHe services since these offer the ~;1~S :j~ \\'ci: ,is ~)(j;(:I':U]!:' ll'prescn: tht' Il13)Or lssues with regard to .:..:...:'.'", ;;~,:l: " ;,-,'..~Ill!;:"'~ rll~lL flU\' l:c :J rU:'t of any proposed ::>olutior., the ;_;!(l'~:, ,_,r l-;rl\ ::r:..' t-lIl1-ilng ::=.h:l.t be conSIdered before tax ;,__:1,> .... !~;:"T; :;~:-: i~!' tj,t" \...ullll':" C0unty Commllll1ry Healtl1 Cart Coramittee shall be open to the i)uL;;( .i:-:~: ~:,,~: ~":;)\'l';"l1CJ L~:-' t!i:: ..'unshll1c ~;l\\ :\11 mtttll1gs shall be held after reasonable publlC I1C)[lC>:,: 1:-: i"\:"':_"";~l,,~: .lS .c' tLt k<:itlU!;. [Ink ',me subJect lTl.ltrer uf tht Jl1eetmgs Iil::- :,:,:S, ,L::l:ji; ,lGuiJreJ tillS :lnc ;1'::,1' ,., ',i;tv dOl' of ] 999 after motion, second D\\"I,~~; -<:J:,.:_] EJZj-( BOA,RD OF COl'~TY COM'.1ISSIO~ERS COLLIER COl'-..:n', FLORID:\ _....rrj':~5-: BY ?ome13 S \13c'KJe, Chalf\l.'oman :'.~t=:-' \l'~' .i:-:,; Jl.f:L ~~. , ! I '..: I ('; -, '- '. :),j\':j (~,\ '.':.,:'.', Coun~" ",:;/':TJC\ -'-71 "".-Jifr~__.... A,f 1 ,.,~~ Agen~ Tt~~ No._ Q C "-- U APR 2 7 '99~ pg.-3_ .,..~~ \ -,l EXECUTIVE SUMMARY TO INTRODUCE THE PLAN TO IMPLEMENT AN ORG~1\,/"IZATIONAL AUDIT OF THE COUNTY ADMINISTRATOR'S AGENCY. OBJECTIVE: To provide to the Board of County Commissioners a brief overview regarding staffs plan to partner with Florida Gulf Coast University to perform an organizational audit of the County Administrator's Agency. CONSIDERATION: The County Administrator's Office is committed to enhancing the efficiency and effectiveness of the workplace. To this end, the Human Resources Department is presently working with Dr. Arthur Rubens and a team of faculty consultants from Florida Gulf Coast University's Center for Leadership and Innovation to develop and implement an organizational audit. The audit effort will be conducted in three phases, as follows: . Phase One - Job and Organizational Needs Analysis. This phase will consist of focus groups discussing critical areas and issues regarding employee satisfaction, general operations and leadership of the County. . Phase Two - Quantitative Satisfaction Analysis. this phase will include distributing a series of questionnaires to all employees that include questions concerning job satisfaction, leadership and service delivery analysis. . Phase Three - Qualitative Satisfaction Analysis. This phase include interviewing a representative sample of professional staff. Areas of focus will include the organization's culture, effectiveness and the barriers faced by employees in accomplishing their work. The purpose of this audit is to identify the internal strengths and weaknesses of the organization in a deliberate, quantified and objective manner, The data generated from this effort WIll be used to develop a plan for reinforcing and enhancing areas of job satisfaction and organizational effectiveness as well as correcting problems related to employee dissatisfaction and organizational deficiencies. Information provided and results will be held strictly confidential. An overall summary of the findings will be presented in a written fonnat. ~- FISCAl.. IMPACT: To be determined, Details will be brought back on a s executive summary for action by the Board of County Commissioners. .c-fp. I ,..-- GROWTH MANAGEMENT IMPACT: N/ A. RECOMME!'JDATION: That the Board of County Commissioners accept the plan to implement an organizational audit of the County Administrator's Agency. J-A(-~q APPROVED BY: ~ ~ ) ,C~I#(t f 0 ( - tea Ochs, Jr., Support Services Administrator Date: L-f 1"2. t/ q vr_ ,-, ,- N~G~ A?R 2 7 1999 pg._,-,~::_::~, EXECUTIVE SUMMARY BOARD AUTHORIZATION TO PREPARE AND ADVERTISE AN ORDINANCE TO REL\IPOSE AND EXTEND THE SIX CENT LOCAL OPTION FUEL TAX AND NEGOTIA TE AN INTERLOCAL AGREEMENT \VITH THE CITY OF NAPLES TO PROVIDE A FO~VlULA FOR THE DISTRIBUTION OF THE PROCEEDS OF SUCH TAX. ------------------~------------------------------------------------- -------------~_._-------------~---------------------------------------- OBJECTIVE: To obtain Board direction to: (1) draft and advertise an Ordinance for the reimposition and extension of the Six Cent Local Option Fuel Tax as provided for in Section 336,025, Florida Statutes; (2) authorize the preparation and negotiation of an interlocal agreement with the City of Naples in order to provide a distribution formula for dividing the entire proceeds of the tax among Collier County and all eligible municipalities; and (3) approve a term for the reimposition of this tax, CONSIOERA TIONS: Section 336,025, Florida Statutes, authorizes the County to levy a Six Cents Local Option Fuel Tax, The Board of County Commissioners adopted Ordinance No, 89-27 on May 9, 1989, pursuant to Section 336025, Florida Statutes, providing for the imposition of the Six Cents Local Option Fuel Tax upon every gallon of motor fuel and diesel fuel sold in Collier County and taxed under the provision of Chapter 206, Florida Statutes. The levy of the Six Cents Local Option Fuel Tax will othervvise expire on August 31, 1999, pursuant to Ordinance 89-27, Section 336.025, Florida ~r.,'tatlltes, provides that levies of the local option fuel tax which were in effect on July 1, 1996, and which will expire on August 31 of any year may be reimposed effective September 1 of the year of expiration, Upon expiration, the tax may be relevied provided that a redeterminaton of the method of distribution is made as provided in Section 336,025, Florida Statutes, The tax may be extended by an ordinance adopted by a majority vote of the Board of County Commissioners, The statutory limit for the Six Cent Local Option Fuel Tax is a term of thirty years, Between Ordinance 85-38 and Ordinance 89-27, Collier County has used 14 of the allotted 30 years, leaving a maximum available renewal period of 16 years, In the event a term of less than 16 years is approved, the Florida Department of Revenue (FDOR) has requested that the tax expire on December 31 st of the year of expiration, as FDOR is trying to have all renewal dates commence with January 1 of a given year, Section 336,025(3)(a)1, Florida Statutes, provides that the County may establish by interlocal agreement with one or more of the municipalities located therein, representing a majority of the population of the incorporated area of the County, a distribution formula for dividing the entire AC-iENp.!\ ITEM No._____~_~EL APR 2 7 )~~~ Pg.---_,L-_ _."\'-,,",,_1'1" proceeds of local option fuel tax among the county government and all eligible municipalities within the County by June I, 1999. If before June I, 1999, an interlocal agreement has not been executed, prior to June 10, 1999 the County may adopt a resolution of intent to levy the Six Cent Local Option Fuel Tax. Collier County has adopted a Five-Year Secondary Road Program to undertake needed County arterial road projects. The Collier County Growth Management Plan and the Annual Update and Inventory Report (AUIR) are predicated on gas tax revenues, including the Six Cent Local Option Fuel Tax, being available to continue current and planned road improvements. Delays in undertaking specific roadway improvements outlined in the Secondary Road Program due to insufficient gas tax revenues will result in increased road construction expenditures and result in a decrease in the level of road service on County arterial roadways. FISCAL IMP ACT: The Six Cent Local Option Fuel Tax is expected to generate $4,892,600 in FY 99, with funds being allocated to road construction efforts accounted for in the gas tax supported Roads CIP Fund (313), Future year revenues generated from this source are estimated to increase 3% annually, GROWTH MANAGEMENT IMPACT: The Six Cent Local Option Fuel Tax is a principal revenue source of the Transportation Element in the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners direct staff to: (1) prepare and advertise an Ordinance for the reimposition and extension of the Six Cents Local Option Fuel Tax with an expiration date of August 31,2015; (2) enter negotiations with the City of Naples for the execution of an interlocal agreement to provide for the method of distribution of the proceeds from the Six Cent Local Option Fuel Tax among Collier County, the City of Naples, the City of Marco Island and Everglades City. Submitted by: _ ,'/1.,' -LJ.{~~.. ( --f--z~!.------- DATE: f.,(_ 'i~9'1 Michael Smykowski, OMB Director April 19, 1999 Reviewed by: ~A~~ David ,c. 'Yeigel, County ikUbrney DATE: 1--lf--'if April 19, 1999 ,/_, I Reviewed by: / 1"( --':-c,,1!~t0t-- /' Robert F. Fernandez, Cq.t y Administrator DATE:~/2!l/'/ April 19, 1999 """-.... John C. Norris District 1 James D. Carter, Ph,D. District 2 Timothy J, Constantine District 3 Pamela S, Mac'Kie District 4 Barbara 8, Berry District 5 r!lJO{l/}lc! o/goiltw gounty g~e%j 3301 East Tamiami Trail. Naples, Florida 34112-4977 (941) 774-8097 . Fax (941) 774-3602 -1' -1 ~.."....~,-, ~" ,,'J', :::" ~'.!: -~ :;..~:~~ "', \,. '(', >1\';>' . ~~ ,,,~,,,~'J' ..., ',~"'-" ~ ''':';';;,'-'.- '<?'" ~. April 26, 1999 Ms. Jana Walling Office of Planning and Budgeting Executive Office of the Governor The Capitol Building, Room 1601 Tallahassee, Florida 32399-D00l RE: Response to Collier County Sheriff's Letter of April 22, 1999 Dear Ms. Walling: Collier County Sheriff Don Hunter recently sent you correspondence dated April 22, 1999 in regard to the appeal of his Fiscal Year 1999 budget approved by the Board of County Commissioners. The letter indicates that the nature of his budget appeal focuses on two succinct issues: (l) whether the Sheriff is a county wide Constitutional Office with county wide duties; and, (2) whetller F.S. 30.49 and other pertinent Florida Statutes require reserves for contingencies to be available upon demand of the Sheriff, in the budget of the Sheriff. A copy of this letter was provided to the Board of County Commissioners and requested that tlle Board indicate if they concurred in the requested "narrowing of tllC issucs". The Board of County Commissioncrs does not, in fact, concur with the requested narrowing of the issues, The $2,982,100 reserve issue docs not have a narrow focus, as it would afford the Sheriff the ability to spend almost $3 million above the amount approvcd by the Board of County Commissioners in FY 99, without our concurrcnce. As noted in previous correspondence regarding the Sheriff's budget appeal, it is the position of the Board of County Commissioners that the funding allocated to the Sheriff for fiscal year 1999 is sufficient for the continuation of a responsible level of law enforcement in Collier County, TIlcrefore, thc appeal process should proceed with the documcnts requested by Govcrnor's Office of Planning and Budgeting. Sincerely, Pamela S. Mac'Kie, Chainvoman Board of County Commissioners Collier County, Florida Attachments ~~. cc: Board of County Commissioners Don Hunter, Sheriff Robert F, Fernandez, County Administrator David C. Weigel, County Attorney APR 2 7 1999 Pgp I ---.-----"-..-.----------.'..-. ~ f$ qcriff ~ on ~unttr Collier County Sheriff's Office 3301 Tamiami Trail East Building n J" Naples. FL 34112 Telephone (AC 941) 77 -C.-4434 Apri122, 1999 Ms. Jana Walling Office of Planning and Budgeting Governor's Office, State of Florida The Capitol, Room 1601 T aIlahassee, Florida 32399-0001 RE: Appeal of Collier County SherifPs Budget for Fiscal Year 1998.1999 Dear Ms. Walling: Pursuant to the phone conversmion yesterday morning., the following is to present to you the concerns r.llsed for us by your letter of April 12, 1999 regarding the above-c3ptioned appeal. As was indicated by staff, the preparation of the appeal documents involved a narrowing of issues related to the budget process to very specific budget process legal points. It was my feeling in preparing the appe31 that the issues were succinctly stared and that sufficient documentation was submitted willi the appeal packet in order to allow a decision regarding the specific issues stated, namely: whether a Florida Sheriff is a county wide constirutional county officer with county wide duties; and, whether 930.49 requires a reserve tor contingencies in the budget of the Sheriff. The information requested in your April 12th letter suggests to us that our view of the issues of the appeal does not conjoin with yours, in as much as we feel that the information sought is not related to the basic nature of the appeal. Let me try to explain by addressing issues in your letter. With reference to the selection of counties to be used as comparators, our reaction was 1:hat comparisons of different counties' budgets is not relevant in any fashion that we can discover to the-- nature of our appeal. The nature of the budget process as handled in any other counry cannot be fact related to the specific issues created by the action of the Board of County Commissioners in considering the Sheriff s 1998-1999 budget. Additionally, the budget of the Collier County Sheriff's Office is based upon calls for servi , no method of determining whether a call for service basis is employed in cd Wccc:0! 6661 Z2 'Jd~ ~616[6L !t76 '01'1 3HOHd A?i1 2 7 1999 1h Pg. 11:j93VOS)) : wO' ~ .; - .. Ms. Jana Walling Pag:e Two .... April 22, 1999 processes of any other county. Furthermore, comparisons are extremely difficult since, for example,. Collier County contains only one municipal police force serving the City of Naples and, as the largest county in the state of Florida, has only a small element of the Florida Highway Patrol and Florida Marine Patrol as additional law enforcement capability. There are many other dissimilarities. In earlier discussions with Mr. Ted ManelIi whom we understand is no longer involved in our appeal process, our budget appeal documentation was limited to the City of Marco Island, and does not include facts or figures for the rest of Collier County. In view of the focused nature of our appeal, we cannot discover how the infonnation requested regarding population, crime, arrest and staffing statistics is related to the legal and statutory issues presented for consideration. As you may also know, the Florida Department of Law Enforcement Annual Report is available only through 1997. It would appear 1997 data can be only remotely related to fiscal year 1998 and 1999 budget levels. If, however, the requested information is fmally deemed important for consideration oftbe appeal, we should like to add Palm Beach County, PineIJas Counry, Sr. Lucie County and Hillsborough County as counties we believe more comparable to Collier. We are not objecting to gathering the information if the Administration Commission deems it necessary, but we have a very real basic philosophical question as to how it relates to the issues of our appeal. Next, you have requested a revised Schedule 1 and 3 to include our over 900 positions and all personal services for the Collier County Sheriffs Office. A5 mentioned above, our budget appeal package, as agreed to by previous Planning and Budgeting Officers, includes only the City of i\-1arco Island. The reason is that as to the fIrst issue of our budget appeal, only the City of Marco Island is involved. We would suggest that the further scheduling of all position and personal services detail is not, in our view, pertinent to the issues of appeal, and does not provide information likely to aid the Administration Commission in the consideration of the budget appeal. Our question as to the relevancy of the material you have requested applies also to that sought from the Board of County Commissioners. As you know, the other Constitutional Officers' budgets are controlled by statutes which are not related to S30.49. Their budget considerations are ditlerent; two of the Constitutional Officers are te:: officers, and the other ConstitutionaL Officers' budgets in no way provide, as far as we can tell, any pertinent information regarding the Sheriffs budget. AGENDA rr.E~ No. Rf?( ~ APR 2 7 1999 .3 Pg. [d W~~G:01 6661 ZG '~d~ S6T6.[6L T176 : 'Ot'-j :::NOHd Ib~=l/OSJJ WOo~ ------------------.. ~.." -- ,- . Ms. Jana Walling Page Three April 22, 1999 Our appeal raises two succinct issues: 1. \vnether the Sheriff is a county wide eonstirutional office with County wide duties; and, 2., whether ~30.49 and other pertinent Florida Statutes require reserves for contingencies to be available upon demand of the Sheriff, in the budget of the Sheriff. I trust that you will accept that we are not atTempting to be recalcitrant, but have a bonafide and genuine concern for the statement of the issues in our budget appeaL I would appreciate you advising as to whether the coments of this letter will in any way preclude your need for the information sought. \\!hile we deem it appropriate to raise the issues herein. we are continuing to gather information which you have requested and which will be provided to you unless we hear to the contrary, Finally, we would request an extension of the 4/30/99 deadline. Vv'e received your letter of 4/12/99 on 4/20/99 and it does request a considerable amount of information. V'le would request at least fifteen (15) business days to compile the information. if it is still required. By copy of this letter we are asking the Board of County Commissioners to indicate if they concur in this requested narrowing 0 f the issues. Thank you for your cooperation and I hope to hear from you soon. S~" . ~ - '~ ~J--::::;; ',,' 1--- ( r 'r\~\~, ~~r-."" '. " if,. ~ '\ \ , '-Don Hunter, Sh iff CO~r.L'ounty, lorida ~ DH:mbl cc: Honorable Pamela S. Mac 'Kie, Chairman Collier County Board of Commissioners .hcrjjfjbud gal"-al) ing AGENO~)J~ '\ No. -) APR 2 7 1999 Pg. if ~d Wc[2:01 E5c~ [2 .~C~ S51E;;:EL1176 'O~l =NOHd ic9::I/OSJJ WOa~ . ....--.--._-~.. -- .-- ---, ...,--... EXECUTIVE SUMMARY RECOMMENDATION TO SETTLE PERSONAL INJURY CLAIM OF CLABEL JULlEN FOR $23,500 PLUS FEES ASSOCIA TED WITH MEDIATION (APPROXIMATELY $450) AND RECOMMENDATION TO SETTLE PERSONAL INJURY CLAIM OF CELESTE BOLlY A FOR $39,250 PLUS FEES ASSOCIATED WITH MEDIATION (APPROXIMATELY $450), OBJECTIVE: To settle the personal injury claim of Clabel Julien for $23,500 plus fees associated with mediation (approximately $450) and to settle the personal injury claim of Celeste Boliva for $39,250 plus fees associated with mediation (approximately $450). CONSIDERA TIONS: The personal injury claims of Clabel Julien and Celeste Boliva arise out of an auto accident that occurred on August 13, 1997 between a vehicle being driven by Mr. Julien and owned by Mr, Boliva and a vehicle driven by a County employee. As a result of this auto accident, Mr. Julien and Mr. Boliva allegedly suffered injuries to the face, neck and upper back area, Reportedly, Mr. Boliva was the more seriously injured of the two and allegedly will need additional surgery in the future related to alleged damages suffered to his nose and sinuses. Mr. Boliva also exhibits permanent scarring to the face. Mr, Julien is currently claiming approximately $6957.11 in outstanding medical bills as well as approximately $4600 in lost wages. Mr. Boliva is currently claiming approximately $5751 in outstanding medical bills (although his total medical expenses have been over $12,000 to date) plus approximately $2900 for future surgery plus $1436 in lost wages. On March 24, 1999 the Office of the County Attorney and the Risk Management Department elected to enter into mediation with Mr. Julien and Mr, Boliva prior to their filing suit. At that time, Mr. Julien was demanding $65,000 in settlement of his claims and Mr. Boliva was demanding $80,000 in settlement of his claims. As a result of the mediation, Mr. Julien agreed to accept $23,500 in full settlement of his claims provided the County paid the expenses associated with the mediation. Mr. Boliva agreed to accept $39,250 in full settlement of his claims provided the County paid the expenses associated with the mediation, The total expenses associated with the mediation are estimated to be $900.00. As part of the mediation process, the Office of the County Attorney and the Risk Management Department agreed to recommend settlement along these lines to the Board. The tern1S of the settlement would require Mr. Julien and Mr. Boliva to execute necessary settlement documents providing the County and its employees with complete releases from liability. The settlement documents would also make clear that there would be no admission of liability or fault by either party. The settlement documents would also contain the stan4ard County language for such documents. "-.., 1 -- AGENDA IT~ NO. q ( 8...J- APR 2 7 1999 Pg.- ~..~ --~ ~~IIIII::~;.. FISCAL IMP ACT: By agreeing to settle these claims prior to suit, the County will save the cost of suit which would include depositions of the physicians who have treated Mr, Julien and Mr. Boliva as well as the cost of an accident reconstructionist for purposes of establishing the County's defenses to the claim. In addition, the County would save the cost of independent medical examinations as well as the miscellaneous costs associated with any lawsuit such as the payment for deposition transcripts, It is estimated that to prepare and try these cases, it would cost the County approximately $12,000-$14,000. The County would also avoid any exposure to a favorable verdict for Mr. Julien and Mr. Boliva. Payment of the settlement would come from the Collier County Property & Casualty Fund. GROWTH MANAGEMENT IMPACT: None, RECOMMENDATION: That the Board settle the personal injury claim of Clabel Julien for $23,500 plus payment of fees associated with mediation (approximately $450) and settle the personal injury claim of Celeste Boliva for $39,250 plus payment of fees associated with mediation (approximately $450) and authorize the Chairwoman to execute the necessary settlement documents following approval and review by the Office of the County Attorney. PREPARED BY: ~wlf Michael W. Pettit Assistant County Attorney Date: _# 9 g REVIEWED BY: l~#~~"":'-=--- J;ifWalker, Director Risk Management Department Date: <I;/9/9? APPROVED BY: _i.~i~~ xl '. A David C. we~ County Attorney Date: 4-/9- 71 h: G 8\Cl a i 1115\801 iv a - ExSum-mwp AGENDA ITEM NO. q (AJ _ APR 2 7 1999 Pg. d- "'''-.. 2 - EXECUIIVE SUMMARY INVIT ATION BY THE BOARD OF COUNTY COMMISSIONERS TO ELECTED GOVERNMENT OFFICIALS IN COLLIER COUNTY TO ADOPT ADDITIONAL k~D MORE STRINGENT ETHICAL STANDARDS OF CONDUCT. OBJECTIVE: For the Board of County Commissioners to consider approval of the attached draft letter / invitation to other Collier County government officials to adopt additional and more stringent ethical standards of conduct for their own agencies. CONSIDERATION: At the Board meetings of September 15,1998, December 15, 1998 and March 9, 1999, the Board of County Commissioners discussed the passage of a Collier County Ethics Ordinance establishing additional and more stringent ethical standards of conduct. These discussions culminated in the passage of Collier County Ordinance No. 99-22, the Collier County Ethics Ordinance, on March 9, 1999. Part of the discussion at the previous meetings of the Board leading to adoption of the ordinance .- included the Board's desire to invite other elected government officials in Collier County to join the Board in the effort to elevate the ethical standards of government throughout Collier County. Section 1 l2.326, Florida Statutes, provides as follows: Nothing in this act shall prohibit the governing body of any political subdivision, by ordinance, or agency, by rule, from imposing upon its illYll (emphasis added) officers and employees additional or more stringent standards of conduct and disclosure requirements than those specified in this part, provided that those standards of conduct and disclosure requirements do not otherwise conflict with the provisions of this part. The word "Agency" is defined at Section 1 I 2.3 l2(2), Florida Statutes, as follows: "- "Agency" means any state, regional, county, local, or municipal govemment entity of this state, whether executive, judicial, or legislative; any department, division, bureau, commission, authority, or political subdivision of this state therein; or any public school, community college, or state university. AGENDA ITEM NO. _ q (p.,) APR 2 7 1999 Pg.- \ .:tII!........, __,.._.......~. ..--- It is the purpose of this executive summary to have the Board consider directing the Chairwoman, pursuant to previous indications of the Board, to extend the attached written invitation to other elected government officials in Collier County to encourage them to adopt their own additional and more stringent standards of ethical conduct similar to those adopted by the Board of County Commissioners. It is the opinion of the Office of the County Attorney that, under the provisions of Sections 112.326 and 1 12.312(2), Florida Statutes, the appropriate approach on this matter is for the Board to extend an invitation to the other elected officers to adopt their own additional and more stringent ethical standards of conduct as opposed to suggesting that the elected government officials join the county's ordinance. This item is brought forward in order to follow-up on the Board's previous discussions about this topic indicating that inclusion of other elected government officials in the establishment of additional and more stringent ethical standards of conduct will serve to promote and protect the public trust in the government of Collier County. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None ___ R~COMMENDATION: That the Board of County Commissioners consider approval of the attached letter inviting other elected govemment officials in Collier County to adopt additional and more stringent ethical standards of conduct in Collier County similar to those established by the Board in Collier County Ordinance No. 99-22. . =.!i__ )1) - 9 9 APPROVED BY: ~/!., h~ Date: 1- ~ tJ --1'1 David C. Weigel County Attorney '-, -- ~g~N(~f}~_ APR 2 7 1999 .?- Pg. __-:.~~__ ~,.~~~~:..:.u...~..c-..,~ April 20, 1999 (Elected Government Officials in Collier County for the City of Everglades, City of Marco, School Board and Constitutional Officers) Re: Additional and More Stringent Ethical Standards of Conduct for Collier County Dear Honorable ,- Enclosed please find a copy of Collier County Ordinance No. 99-22, the Collier County Ethics Ordinance. This ordinance was recently adopted by the Board of County Commissioners to create additional and more stringent requirements with regard to lobbyists, gifts and post- county employment restrictions, in order to promote and protect the public trust in its local govel11ment. The Board of County Commissioners has directed me, as Chairwoman of the Board and pursuant to Section 112.326, Florida Statutes, to invite you and other elected govel11ment officials in the county to adopt similar additional and more stringent standards of ethical conduct for your agency. In extending this invitation, it is the Board's sincere desire to promote, with your cooperation, the highest standards of ethics for Collier County. Thank you for your attention to this letter and I look forward to your response at your earliest reasonable convenience. Respectfully submitted, Pamela S. Mac'Kie, Chairwoman Commissioner, District 4 cc: Board of County Commissioners Robert Fernandez, County Administrator David C. Weigel, County Attol11ey -. _~..G>~:~ AGENDA ITEM NO. _.._':lCn+- APR 2 7 1999 p -3 g. .~"'~.,---~- ~'.';.:"?~:::'"<-~~~:~~-1~~ EXECUTIVE SUMMARY REQUEST FOR BOARD DIRECTION PERTAINING TO COLLIER COUNTY J': BARRON COLLIER PARTNERSHIP, CASE NO. 99-362-CA (WRIT OF ASSISTANCE/SITE L/LANDFILL SITE ACQUISITION PROJECT.) OBJECTIVE: Board direction as to whether County Attorney shall pursue court assistance to perform statutory right to map and survey Site L, relating to landfill site acquisition project. CONSIDERATIONS: In the context of performing requisite mapping, surveying and physical on-site inspection of the designated Site L potential future landfill site, it became necessary to seek court assistance to enter on the property after the landowner declined permission to the County's agents. The Board authorized the filing in court of a Petition for Writ of Assistance, which was prepared and filed February 4, 1999. On February 23, 1999 the Board directed the County Attorney to place the matter set for hearing May 3, 1999 "on hold" until after the Board's April 20, 1999 Solid Waste Workshop, and a revised hearing date of June 7, 1999 was obtained. (See 2/26/99 County Attorney letter attached.) At the April 20, 1999 Solid Waste Workshop the Board members discussed the direction of this case to be brought before the Board at its next meeting. The County Attorney discussed this matter with counsel for the landowner at the conclusion of the Workshop. FISCAL IMPACT: This court action is prosecuted by the County Attorney Office. If the case were to proceed successfully, Solid Waste enterprise fund expenditures would occur for surveying and appraisal services thereafter for Site L. lfthe court case is terminated - none. GROWTH MANAGEMENT IMPACT: Landfill capacity and/or other solid waste disposal considerations are a required element of the County's Comprehensive Plan. lfthe lawsuit shall be dismissed, the Site L landfill site project is effectively terminated from a litigation acquisition standpoint. RECOMMENDATION: That the Board declare its intention or interest at this time regarding Site L as an ongoing landfill site acquisition project and direct the County Attorney either to prepare for a Writ of Assistance hearing on June 7, 1999 and prosecute the action, or dismiss Case No. 99-362-CA and notify counsel and court forthwith. Prepared By: d~ ({ ;Kt~~ David C. Weigel, County A ey AGENDA IJEM No. q ~ APR 2 7 1999 Pg. / h:ew/executive summary/Site L landfill Writ of Assistance Case (i) ~ ~ . . . I 0..' COlliER COUNTY DAVID C. WEIGEL COLLIER COUNTY ATTORNEY 3301 Tamiami Trail East Naples, Florida 34112-4902 Telephone: (941) 774.8400 FAX: (941) 774-0225 Email: attorney@naples.net February 26, 1999 Heidi F. Ashton Ramiro Manalich Thomas C. Palmer Michael W. Pettit Marjorie M. Student Melissa A. Vasquez Rodney C. Wade Robert N. Zachary VIA U.S. MAIL & FACSIMILE Kathleen Passidomo, Esq. Kelly, Price, Passidomo, Siket & Solis, LLP 2640 Golden Gate Parkway Suite 315 Naples, Florida 34105 Re: Collier County v. Barron Collier Partnership Case No, 99-362-CA (Writ of Assistance) Dear Kathleen: Pursuant to our discussion by telephone, Collier County extends the time for Barron Collier Partnership to provide an answer or response in the above-referenced case to May 17, 1999. In accordance with the Board of County Commissioners' instructions on February 23, 1999, the County has obtained a new hearing date of June 7, 1999 at 3:30 P.M, You will be receiving a notice of rehearing for this revised date shortly, If the Board of County Commissioners provides further direction at its April 20, 1999 Solid Waste Workshop or at any other formal Board meeting that the Site "L" property/project is not to go forward, we shall inform you forthwith and dismiss this action, I hope this information is of assistance to you; it reflects my understanding from the Board of County Commissioners this past Tuesday, February 23, 1999, Please feel free to call me if you have any questions, Very truly yours, AI.. uuL David C. Weigel County Attorney :;'EN~ f~M APR 2 7 1999 Pi. A.~ DCW/cc cc: vReidi Ashton, Assistant County Attorney David Russell, Director, Solid Waste Department Court File h:\Public'hglhfa\letters\ Weigelpassidomo " EXEC1XIIYE SUMlVlARY' - , " ~i ' APPOINTMENT OF MEMBER(S) TO THE HEALTH FACILITIES AUTHORITY , ,- OBJECTIVE: To appoint two members to serve four year terms, expiring on April 13,2003, on the Health Facilities Authority, CONSIDER-\. TIONS: The Health Facilities Authority is a 5 member authority created by County Ordinance in 1979 pursuant to Chapter 154, Part III, Florida Statutes as a gO\'ernmental bode authorized to issue bonds to finance qualifying health care projects. Members of the Authority must file Form 1 Financial Disclosure statements as required by law. Terms are for four years. A list of the current membership is included in the backup. There are currently t\VO vacancies due to term resignations of Pamela tvL Cox and Richard L. Klaas, A press release was issued and resumes were received from the follo\ving two interested CitIzens: APPLICANT Pamela M, Cox - requesting re-appointment Edward ], Oates. Jr. CQ\I:\lITTF;:E RECO\I:\IENDA TIO;\: Pamela ~!. Cox - re-appointment Edward J Oates. Jr. - new appointment /-, FISCAL I\IPACT: NONE GROWTH \L-\NAGE\IENT I:\IPACT: NONE RECO\I:\lEND:\ TIOl": That the Board of County Commissioners consider the recommendation for appointment and appoint two members to ser\'e four year terms and direct the County Attorney to prepare a resolution confirming the appointments, Prepared By: Sue Filson. Administrative Assistant Board of County Commissioners Agenda Date: APRILn1999 - AGENQA ITEM No . -.LiJ-1L- APR ~11999 _~.?..:..:.--::.:{-:~:.:=.,---1 _ .... ..... .... ~ .. '-JJ . ..., . u v ~.;~ O....L oJ 0 V..L. .J. V.... .LIV.'."'.o....v J1. r J.\"fi"V!\J.D r.'I. ~UU-l MEMORA"IDU1'vf Date: March 31, 1999 To: Sue FilsoI"..., Acminisrrath-e Assistant Board of County Commissioners Rc: Health Facilities Authority-Appointments Y QU r.ave received two resumes for the two appointments. Ms Cox is a current rr.embcr oftbc Aut2lOrity and desires to be re-appointed, .\11r. Oates has been a member of the Authority in the past ;md desires to be appointed, :\-fr. KJa2.S, whose ternl has expired, does not \vish to be re- appointed. J recommend the appoinr:ncnt ofboch of these individuals. - AGEND" A UEM No.JO a. APR 2 7 1999 Pg.,--~ Health Facilities Authority j\:aml! Work Phone Home Phonl! Appt'd Datl!RI!-appt Exp. DatI! 2ndExpDatl! Robert \", Pe3cock 11-+9 Pine\\'oods Circle I\aples. FL 34105 District: 1 Category: 263-7721 261-4787 Pame13 M. Cox 3014 Round Table Court I\aples.FL 34111 District: Category: 261-2554 77 4-1449 Charles Konigsbeg 330 I E. T~lll1iami Tr3il :'\aples. FL 34112 District: Catt!gory: He3lth Dept. Director 774-:210 i\1ike D3\is 6120 18th .-\ \'enue. S, \\', :'\;1pjes. FL 34116 District: 3 C att!gory: 643-1777 45::-:518 RichJrd L. Kb:ls 4380 (Julfsi10f~ 8,)ulc\3rd :'\0rth ;-\3plcs. FL 34103 District: Category: 43'"-0002 0616/98 06 15 0::: 09 27/94 09 19 98 Tr!rm 2nd Tam ~ 'i-eJrs -: 'IPcJ.rs -:. '!.cJrs ..: YeJfS ..: YeJrs ThiS 5 merT,cer authority was c~eated on Nove~ter 20 1979, by Ordinance No 79-95 1:- accorcance with Chapter 154 of the Fienda Statutes The purpose of the authority IS te ass;s; health fae:iities in the acquisition, construction, financing and refinane:ng of prOjects in ar.! corporate: or unincorporated area within the gec:graphlcallimits of Collier County Me~r.ce:s are subject to filing a Financial Disclosure Form 1 annually with the Supervisor of Ejections Qualifications County Resident, 18 years of age Terms are 4 years FL ST-4 T: Chapter 154 Staff' Donald A Pickworth, Attorney 263-8060 06 16:98 0615 02 06 '16..98 06.150::: 09 ::: 7,94 09 19 9S ~..;;....~~"""",,-=-~~~_~,:-~=:,'_---r.::~r;::.."~'''.ns..=.:J.:~=':'";''''i.'''':::..~~-:-::r.:;;::c:.1C:1~~--:ft!:ilTX:-~.::t,~~,""~~:::"'~":"~lr:"':~-=-=-=:''!: Tut!sdlIY, ,HilfL'/z JO, J I)')'} PIl!Ji! J of J ~~~ENo;dt! :l APR 21,~1.999 p3 g.--... ~l ~-.lc' RE......r,:.V- . \.....~A, t:D MJ:;_M-.Q RAN D 1l.M ,=-EB 2 ~ 1'399 . . j~>~r ~ .);. '..;;Wi1': .:i;'";':1''''~ />--::~" DATE: February 22, 1999 TO: Vinell Hills, Elections Office /Jf,., Sue Filson, Administrative ASsistand/1 ' Board of County Commissioners ~ FROM: RE: V oter Registration ~ Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. HEAL TH FACILITIES AUTHORITY COMMISSION DISTRICT -- Pam Cox 3024 Round Table Court Naples, FL 34112 ~ /sf Edward 1. Oates. Jr. 2935 Bellflov,ier Lane Naples, FL 34105 ~ ;) :u Thank you for your help. - N~~E'b }l!M APR 2 7 i999 Pg. t( MEMORANDUM DATE: February 22, 1999 FROi\1: Donald A. Pickworth 5811 Pelican Bay Blvd., Suite 210 Naples" FL 34108 JA Sue Filson, Administrative Assistant ./1 ' Board of County Commissioners TO: RE: Health Facilities Authority As you know, \ve currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Pam Cox 3024 Round Table Court Naples, FL 34112 Edward 1. Oates. Jr. 2935 Bellflo\ver Lane Naples. FL 34105 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments N~~E/b WM APR 2 7 1999 S- Pg._-- .FEB-1999 16:02 FROM:MRNORCRRE NRPLES 420 941-775-5248 TO: 7743602 PRGE:01 :\1anor(:a~ H~llh Sl:rviccs, Inc. 360' I.Hlewl~>d Blvu Nijl'lc~, A. .141 12 (941) 77.;.7757 (041) 775.5:!48 Fax ~ ManorCare Health Services .... Nuning &. Rt'ha/:l FE'bnlArY 19.1999 no,lnl of County Commi.s."\ioners Attn.: SUE' Filson County .\dmini:;l r~l ion Ct'nter 3.'301 Enst T(tlll i'HTl i Trail NClples, FL 3-H 12 Dear Me;. Fjl~on: Ple(l~f' :H't:'f'pl this "t'ltt"r H" my request to be fe-apf'ointed to the Health FClcilities .-\ III horif ~. 1\1 \ current tenn expired on Septf'mber 19. 1998. My resume is attached for your TeYil"\\'. I hent' t'njoyed nl~' Pilrticipation with tht:': .\lJlhoril~'. and believe I have been a Y<llu<lblt'llH'mbcr. ;\(y hl?'althcare bnckground b certainly an ClSSf't. Plt'[l:'if:' kt me knu\,' if YOU han' ;:\ny questicHls, or need additional information. Sinct'rdv, q~~;O ~.~')rJ.' 0'_' ~Rl&T3 J~ CUL~ ~~ ~i~~ "&Il' rf<)Oftr-~ ~- Pho""" PC:qt' .- AGENO~ ~Itf No. ----I..-{) APR 2 7 1999 pg._-~ .~..........::._...--; r'I........, .FE8-19 99 16:02 FROM:MRNORCRRE NRPLES 420 941-775-5248 RESUME EDliCA TION TO: 7743602 Pamela M. Cox 3024 Round Table CQurt l'\aples, FL 34112 (941) 774-1449 University of Southwestern Louisiana, Lafayette. Louisiana Graduated. 1974 Degree: Bachelor of Arts. Social Work PRGE:02 Nova University Fort Lauderdale, Florida Graduated December 1 ()R4 Degree: Master of SCience. Counseling Psychology '''ORK EXPERIENCE ManorC'are Health Services - Naples Job Title Admini:-tratnr Harborside Healthcare - Naples Joh Title. Administrator COM" l"NITY I:\\'OL VE\1E:.'T December 1 ')<)8 to Present April 1985 to December 190R Collier (ounty School Board \1ember Fleeted September 1<)<)4/Rt:-det:ted. S~pternber 1998 Leadership ('oilier Class of 1990 lanta Club of Naples Member since 1983 (Past President) Fast "Japles CiVIC Association (Past Board Memher) \1ember since 1990 A WARDS Zonta Club of i\aples Woman Achiever or the Year - 1989 I-Iarborside He~lthcare AdminislIlHor or tl1\.~ Y car - I C)C)O Who's Who of AIl1~ric,;an Rusiness Lead.ers 111ducted in 1991 Florida Ilcalth Care Association Administrator of the Year - Iq96 AGEN~...4T~ No. -iLD- APP 2 7 1999 ~ ~g._-- ~-....--- '19/1999 1 1::;l0 911~'192219 I;:Dl.IARD O^ TI;:!;; P^GI;:_._Gl~_ ED~~RD J. OATES N 35 Bellflower l ' JR. ~ if ~ ;;;;~;;;;~ ::~(~~",/=~ 't!4 ~ ~ Y,'" ~~- fi ;fl~~J;;:;~::: ~:;: 0- _ f)7A~~ ~~ ' ~AA'>'orJ ~ ~ ~ ,.......~. ::'-~ ."'-..... AGENO~ATQ! No. -LULl- APR 2 7 1999 pg.-K- <941 J 649~22~;:-x} (941J 262-7760 (L /Joma) - 1 2 RESOLUTION 99- 3 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF 5 COLLIER COUNTY, FLORIDA, OPPOSING SECTION (6) OF CS/SB940 6 (SENATE BILL 940) FILED WITH THE FLORIDA LEGISLATURE WHICH 7 WOULD LIMIT HOME RULE AUTHORITY OF LOCAL GOVERNMENT TO 8 REGULATE OUTDOOR ADVERTISING SIGNS LOCATED ADJACENT TO 9 ANY PART OF THE STATE HIGHWAY SYSTEM, IN THEIR 10 GEOGRAPHICAL BOUNDARIES. 11 12 WHEREAS, the Collier County Board of County Commissioners is aware that Section D 14 (6) ofCS/SB940 (Senate Bill 940) has been filed in the Florida Legislature which would preempt ]5 the home rule authority of counties and other local governments to regulate outdoor advertising 16 signs located adjacent to any part oflhe State Highway System; and 17 WHEREAS, Collier County derives its home rule authority from the Florida 18 Constitution; and 19 WHEREAS, the Board is opposed to State legislation that would preclude local 20 governments from regulating outdoor advertising signs within their geographical boundaries. 21 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 22 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Collier County Board of ~ 23 County Commissioners opposes any legislation that would limit home rule authority of local 24 governments to regulate outdoor advertising signs within their geographical boundaries and, 25 therefore, requests that Section (6) of CS/SB940 be deleted from the Bill. 26 AND BE IT FURTHER RESOLVED, that the Clerk is hereby directed to distribute 27 copies of this Resolution to the Collier County Legislative Delegation. 28 This Resolution adopted this day of . 1999, after motion, 29 second and majority vote favoring same. - 30 ATTEST: 31 DWIGHT E. BROCK, CLERK 32 33 34 35 36 37 38 39 Approved as to form and 40 legal sufficiency: :~ ~-4~~JJ 43 David C. Weigel .~~ 44 County Attorney 45 46 47 I/:ldcw/dda/rcsolu';oIl11999/Scnale Bill 940 48 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE. CHAIRWOMAN AGENDA ITEM \ NO. IQ(~ APR 2 7 1999 Pg. - J '~~.~~O':! DATE: TO: FROM: RE: MEMORANDUM RECEIVED COUNTY ADMINISTRATORS OFFICE April 12, 1999 Bob Fernandez, County Administrator AI-'K 1 J 1999 James D. Carter, Ph.D. Commissioner, District 2 ACTION FILE Silver Slam - Tarpon Tournament, Kid's Small Fry Fishing Tournament Enclosed please find a letter from Capt. Paul Harvey, Tournament Director for the Silver Slam Fishing Tournament. Captain Harvey would like to have the entrance fees waived at Lely Barefoot Beach Preserve and the use fee waived for Cocahatchee River Park on Saturday, May 15th. Please have this item placed on the April 27th ~enda as appropriate. ~----~_..---...~. i .// //J ~~4- .fC7 James D. Carter, Ph.D. c District 2 - JDC:tlm - '-- ~~:~(~)M A?;~ 2 7 1999 __r'fL:::.... ,~=;1::.:~~ 'l11 P01 /.- Collier County Parks & Recreation Ms. Marla Ramsey 3300 Santa Barbara Blvd. Naples, Fl. 34116 April 11, 1999 Dear Marla, We are once again putting ()n a Tarpon Tournament, Kid's Small Fry FistUng Tournament and a people powered raft race in North Naples on May ISdt & 16th 1999. The Silver Slam has been taken over by the North Naples Estuary Conservancy as their main special event fund raiser As you know all proceeds will be used for educational grants for kids in need and to fund our artificial reef program which will now be done in partnership with the new GutfCoast University. - The Kids tournament is broken into 2 age divisions and is free to kids. The areas eligJole tor fishing are Vanderbilt Beach Marina, Delnor \Viggins State Park, Cocohatchee River Park and Lely Barefoot Beach Preserve. Where we need your support is in waiving the entrance fee to leI)' Barefoot Beach Preserve and the use fee for Cocohatchee River park Could these fees be waived for the kids on Saturday May 15th from 8:00 a.m to 1:00 p.m. The State has waived the entrance fees fOf the kids at Del Nor Wiggins State Park. We would put a registration table at each location and will sticker each car as we did last year. We do all our own clean up and last years event went without a hitch. We are also still in need ofvoJunteers so if any of the Parks 8: Recreation people want to set involved have them give me a call I have also enclosed a Raft Race application with the rules on the back. The race will be at my other marina and we would love to have you being represented if you can find a crew. Please let me know if this has your blessing as soon as possible in case I need to make changes Sinc~_ ~ Capt. Paul Hwvey T oumament Director AGEND~)M No. 10 eel Tom Olliff Jim Carter A;)R 2 7 ,899 - Pg.-. Sllwr Slam Inc. :179 ~,i~"'J Driv. Naples, RQrhta J410a (')41) 597.'79' fp <,'41) 597-19n II'RP:/ /wt~w,sn-~ff.:'f1if~m.(om ,- EXECUTIVE SUMMARY OBJECTIVE: To enter into a contract between the City of Naples and Collier County for the use of the specific county voting and ballot tabulation equip- ment for the city election of February 1, 2000. CONSIDERATIONS: The City of Naples regularly scheduled council election is February 1, 2000. The City desires to lease specific county voting and ballot tabulation equipment for use in it's election. The Board of County Commissioners own the voting machines and ballot tabulation equipment. The Supervisor of Elections is the custodian of the county's voting machines and ballot tabulation equipment. The contract presented to the City is basically the same as that previously entered into for the February 1998 city election. Council has accepted that contract. ,- The Supervisor of Elections concurs with the contract and recommends the Commission enter into said contract with the city. FISCAL IMPACT: Under the terms of this contract, the City of Naples shall be responsible for the entire cost of the election to be held February 1, 2000. The City agrees to reimburse the county for any cost directly related to the city election. The rate of reimbursement is enumerated within the contract. Should the county's equipment be sequestered as a result of the February 1, 2000 election and, therefore, be unavailable to the county for use in its elections, the provisions of section 43 of the contract apply. RECOMMENDATION: That the Board of County Commissioners enter into the contract between the city, the board, and the supervisor of elections and authorize the chair to sign said contract For the conduct of the city's council election of February 1, 2000. F :\CITY\NAPL ES\CONTRAcnEX ECXM2, QW Thursday, April 08, , 999 AG'E~ fj' iTEM No._l:~_.~ \ APR 2 7 1999 - Pg.~<"J- AGREEMENT FOR ELECTION SERVICES By and Among the City of Naples, Collier County and the Supervisor of Elections This Agreement for Election Services (Agreement) is for the Februarv 1, 2000 city council elec- tion and is by and among the City of Naples (City), Collier County by and through the Collier Coun- ty Board of Commissioners (County) as owners of the County's voting and ballot tabulation equip- ment, and the Collier County Supervisor of Elections (Supervisor) as custodian of the County's vot- ing and ballot tabulation equipment. WITNESSETH In consideration of the premises and covenants set out below, and for $10 and other valuable considerations in hand received by the County and the City, it is hereby acknowledged and agreed by the parties hereto as follows: 1. The City acknowledges that only the Florida Constitution and the Florida Legislature may con- fer jurisdiction on the Board of County Commissioners and the Supervisor of Elections through vari- ous legislative enactments. Jurisdiction cannot be conferred by agreement, consent, waiver, or other voluntary act or involuntary act since jurisdiction is established solely by general law. 2. Section 97.021(6), Florida Statutes, provides the definition for "election" used throughout the election code and by definition, those elections for which the County and Supervisor are responsi- ble. The City acknowledges that such definition does not include municipal elections. 3. Under the terms of the Cit' Charter, the City is responsible for the conduct of all its municipal elections except when the City chooses to call a special election to be held by mail ballot. Such an election is subject to a separate Agreement for Services. 4. The home rule powers granted to cities by the Florida Constitution provide for the conduct of the February 1, 2000 City council election under the City Charter. 5. To facilitate the City's conduct of its February 1, 2000 election, the Supervisor of Elections shall do those items enumerated in Exhibit A identified as ~ 19.1, Security Procedures for Stand Alone Municipal Elections of Collier County. 6. The City shall provide to the Supervisor of Elections and the Florida Attorney General a copy of the City's letter of submission and response to and from the U.S. Department of Justice relative to any changes which the City makes relative to polling site locations or any charter amendment refer- endum questions. Such copy shall be provided no later than 5 :00 p.m. on the fourth day preceding the election. 7. Subject to the terms of this Agreement, the County agrees to lease the following items to the City for use at the polls in its election: .-' '120 Voting booths, ELS or equivalent self-contained Model 5 aluminum '120 228 position vote recorders and templates '120 Magnifying lens attached to the stylus chain '120 Voting Stylus -- one per booth · 20 Handicapped stylus -- one per precinct · 20 Demonstration vote recorders · 20 Ballot Boxes and ballot box tables · 20 Ballot Box padlocks and keys · 20 Long-stub Ballot Transfer Cases, aluminum · 20 Precinct Signs with mounting assembly . Precinct directional street signs and mounting assembly N~~J,~.D&![EM APR 2 7 1999 <2- Pg._::-- H -'-~ Naples Election Aqreement 2 · 20 Precinct supply bags but not supplies · 20 American Flags · 20 Flag Poles · 20 Vote Here Alphabet Card sets · 20 Alphabet card holders and assembly · Handicapped Access Ramps only if precincts used match that for which the County had constructed a ramp 8. The City shall contract for and acquire all consumable supplies used in the election directly from the vendor. Consumable supplies are those which may be used once. 9. The City shall arrange for the voting equipment preparation to occur between the hours of 8:30 a.m. and 4:30 p.m. on Thursday and/or Friday preceding the election date. 10. The City shall arrange to have the voting equipment supplies picked up from the Elections Warehouse at 8: 15 a.m. on the Monday preceding election day. 11. No later than the third day following the election, the City shall check or clean out the equip- ment to insure that no City election supplies remain in the precinct supply bags, the ballot boxes, transfer cases, or voting units -- either used or unused. 12. The City shall remove the masks and ballot pages from the voting machines and identify them for their records retention storage site. 13. No later than 5:00 p.m. of the Friday immediately following the election, the City shall remove its supplies -- both used and unused -- and transfer them to the City's own storage facility. 14. The City shall contract for and acquire ballot cards which conform to the standards provided by administrative rules adopted by the state. 15. The City shall use the county's certified tabulating systems, as certified for use after July 1, 1993 under the new state standards, and pay directly to the approved vendor all costs for pro- gramming, on-site election support, and any repairs required as a result of the city's use. 16. Nothing in this Agreement shall be construed to require the County or the Supervisor to pro- vide the setup of equipment for use by the City. 17. Nothing in this Agreement shall be construed to require the County or the Supervisor to pro- vide for any consumable supplies -- those with a life expectancy of one use. 18. Nothing in this Agreement shall be construed to require the County or the Supervisor to pro- vide any oaths, supplies, or training other than materials previously provided to the City by separate covers dated March 25 and April 8, 1993. 19. Nothing in this Agreement shall be construed to infer the County or the Supervisor interpreted the provisions of the City's charter or interfered in any way with the City's exercise of its home rule powers pursuant to the conduct of the City election. 20. Nothing in this Agreement shall require the County or the Supervisor to arrange for the acquisi- tion or construction of additional equipment for use by the City at its pOIl~Site~~N~~~ .. . ment not already be in the County's inventory for that specific poll site fac lity. No.4 21. Nothing in this Agreement shall be construed to require the Count or ttw~PflP1IsSXQW ar range for the installation and delivery and pickup of voting machines or e uipmtHt'fu ~h~' c!My~r t~ the poll sites for use on election day. ,~ Pg._.;,~, _,." ...,-........---,'~ ...~"".'_.........-- Naples Election Aqreement 3 "- 22. Nothing in this Agreement shall be construed to require the County or the Supervisor to ar- range for or acquire any supplies for use by the City for either the voting equipment or at the polls. 23. Neither the County nor the Supervisor shall be held accountable for equipment needs not con- tained within this Agreement. There shall be no last minute adjustments to this Agreement for equipment or consumable supplies. 24. The County and the Supervisor or the Supervisor's staff shall not provide equipment service calls during the course of the City's election. 25. Subject to the terms of this Agreement, the County agrees to lease to the City the ballot tabu- lation equipment components enumerated herein: · A Novell 386 file server with monitor and keyboard; · A Printronix 600 LPM printer; · A "host" (DTK 386) with monitor, keyboard, F&C card reader and controller; · A "remote" 1 system (DTK 386) with monitor, keyboard, card reader & controller; · A "remote" 2 system (DTK 386) with monitor, keyboard, card reader & controller; · Two M 1 000 card readers; · All existing cabling and power cords; · Current county configured and attached Best UPS Systems. 26. The County agrees to lease the foregoing ballot tabulation equipment to the City subject to the following additional conditions: .- 'The City shall utilize the services of Softech to program the system for ballot tabulation of the city election; 'The City shall not remove the ballot tabulation equipment from the Collier County Government Center where it is in the Supervisor's custo~y or take any action which would jeopardize the securi- ty of the system or interrupt the custody chain. 'The City shall conduct its Logic & Accuracy Test at 9:00 a.m. on Tuesday, one week prior to the election. 'The City shall arrange for its County-approved contract agent to load the election--specific ballot tabulation software onto the County's equipment between the hours of 8 a.m. and 9 a.m. no later than Tuesday, one week before the election. 'The City shall arrange for storage of its copy of the ballot tabulation program at a site other than the Collier County Government Center. 'The City's failure to comply with any of these provisions as determined by the Supervisor of Elections shall invalidate this Agreeml.,nt except for paragraphs 33 and 34 since such action would have implications for subsequent COUllty elections. 27. The City shall be and is solely responsiblo for the content and format of any affidavits and training materials used in the course of its election. 28. The City shall be and is both responsible and liable for any training of its election workers, the development of its training materials and all actions taken by the City's poll workers during the course of its election day. ,- 29. The City shall be responsible for al/ activity relating to any absentee ballots it chooses to pro- vide voters for its election n including processing requests; addressing absentee envelopes; verifica- tion of voter signatures; and providing lists of absentee voters to city can idat~~\~ oath requirements of ~98.095, Florida Statutes, being filed with and authori ed tN'oi~ of Elections. \ J ~ \ , . .. . . . A ~ R. 2 1 99 proper bilingual advertisements for reqUired election notices 111 a newspaper of general circulation Pg. U ...~-~.............. ..-..~.. . ....,.. Naples Election Aqreement 4 within the county. 31. The City shall provide the necessary training and personnel on election day to verify absentee voter signatures, open absentee ballots and prepare the voted ballots for actual tabulation. Such work shall be conducted under the rules established by the City Canvassing Board. 32. Except for precinct registers, the City shall be responsible for retention of all election materials and shall obtain State Bureau of Archives authorization for records destruction once 22 months have lapsed per the Voting Rights Act time frame. 33. With the exception of activities relating directly to the Supervisor's determinations regarding voter registration and eligibility and to the extent permitted by law, the City shall pay for the Super- visor's selection of defense counsel and indemnify and hold harmless the County, the Supervisor of Elections, their officers, agents, and employees, from and against any and all actions, in law or in equity, from liability or claims for damages, injuries, losses, and expenses including attorney's fees, to any person or property which may result now or in the future from City's activities associated with this City election, arising out of or resulting from any and all acts of omission or commission relating to the City's election or the City's responsibility under this Agreement. Further, to the ext- ent permitted by law, the City shall pay for the Supervisor's selection of defense counsel and in- demnify and hold harmless the County, the Supervisor of Elections, their officers, agents and em- ployees, from and against any and all actions, in law or in equity, from liability or claims for damag- es, injuries, losses, and expenses, to any person or persons authorized by the City, its employees, or agents to participate in the City election when not otherwise eligible or from events relating ex- pressly to City election activity. 34. All costs, including attorney's fees and court costs, shall be paid by the City for: a. litigation involving payment due to the County or Supervisor and for collection for any judgment recorded against the City, or b. litigation involving the City's election whether brought by an elector, the U.S. Department of Justice, or others. 35. The Supervisor or her staff shall prepare and advertise bilingually the voter registration book closing in accordance with general law and obtain an Affidavit of Publication for same. Said adver- tisement shall subsequently be billed to the City which shall be responsible for payment. 36. To lease voting units, ballot boxes, and other supplies listed within this contract, the fee shall be $50 per voting unit ($50 x 120 units = $6,000). The fee shall cover replacement parts and shipping necessary to repair any damages to the County's voting unit or equipment leased to the City. In the event the cost of such replacement parts exceeds the amount of the fee, the City shall reimburse the county for the difference. The fee shall be paid to the Supervisor no less than 45 days prior to election day. 37. Within 10 calendar days of the city election date, the City shall provide any replacement parts or equipment for that were lost, stolen, or damaged while in the City's possession. 38. If the Supervisor's actual City election costs exceed the amount of the fee, the City shall pay the Supervisor's bill within ten calendar days of its receipt. Rates for the Supervisor's bill shall be actual costs associated with the following: · computer so.rt ~ime at the rate of $75 per sort:. . AG.E:Nb~I{EM. 1 . computer printing at the rate of $.003 per name each time the name IS pr tedNo.LJ.. - · computer printing at the rate of $ .005 per name each time the name is pr nted on mailing labels, or current cost; A?R 2 7 1999 J · actual costs of advertising the voter registration book closing; · actual staff labor costs for work unique and peculiar to the City's election !'.,9.-:b::::== Naples Election AQreement 5 · actual records retention storage costs at the rate of $.25 per cubic foot of material kept 22 months; · actual costs of containers used to store election related materials @ $5.50/box; · actual cost of providing duplicate roll of microfilm of precinct registers plus underground storage for same @ $.75 per year; · $10 for the duplicate roll of microfilm by the City election registers; · $.32 for postage on #10 envelopes, or current rate; '$2,32 for certified mail postage, or current rate; '$.0125 per page of county Precinct Register paper used (does not include date processing sorts or printing costs); · $ .032 per page of letterhead stationery or current cost; '$.0328 per #10 letterhead envelope or current cost; · $ .0348 per #10 window letterhead envelope or current cost; · $.11 per purchase order or current cost; '$,082 per voucher check or current cost; '$.15 per page for 8.5" x 11" or 8.5" x 14" copies; · $.20 per page for duplexed copies; · $1.00 per page for certified copies of available public records; '$15,00 labor costs for each page of letters or documents produced; 'actual cost of any expenditures required by the City's election and paid by the Supervisor. 39. Notwithstanding all provisions for payment set forth in this Agreement, Section 101.002(2), Florida Statutes, provides the City shall be responsible for all costs associated with manpower, equipment, postage, and any other City election costs as enumerated in Section 97.021 (8), Florida Statutes, whether or not specifically set forth in this Agreement. ,- 40. Nothing in this Agreement relieves the City of its responsibility to develop security procedures for its ele-;tion. The County and Supervisor of Elections responsibility for security regarding the City's election are limited to those items contained in the attached Exhibit A. 41. The Supervisor of Elections has no liability for costs or expenses or other liability incurred by the City in preparation for this election should the U.S. Department of Justice note an objection in its response to the City Manager's request. Further, should there be a response noting an objection which would delay or prohibit the conduct of the election, the City is not relieved of any related financial obligation owed to the County and Supervisor arising from fees, goods and services, or other costs and expenses whether or not specifically set forth in this Agreement, incurred by the Supervisor up to the time the City notifies the Supervisor in writing of the Department of Justice objection. 42. The City shall obtain an insurance policy which shall name the County as additionally insured or agree to provide coverage thru the City's self-insurance and shall assure that the County will have no financial obligation which includes the City's responsibility for paying any deductible for any damages to the County's voting and ballot tabulating equipment and systems used in a City election. The City shall provide the County with a Certificate of Insurance for said coverage or a resolution indicating such coverage under the City's self-insurance program. - 43. In the event there is an election protest, contest, or sequestration order_ arising from the City's election involving any component of the County's voting system and/or equipment which would preclude its further use until the matter has been resolved by the courts and the County has an election scheduled where the equipment must be used, the City shall ma deposit to Collier County within four calendar days of the issuance of the equ the tabulation component and an additional $25,000 if voting units are inv ved. ance on the security deposit shall be returned to the City when the legal mat er haA~lfnt701~9~ 44. The City shall arrange for candidates, candidate supporters, and memb rs of the press to con- gregate and await election results in some publicly accessible meeting ar a s~ch as the County , .~....,- ."'" Naples Election Aqreement 6 Commission meeting room, city hall, or other comparable location. Candidates, supporters, or press may be given tours of parts of the secured areas of the Elections Office. The City Canvassing Board, its precinct election workers, its election night workers, and the Elections employee desig- nated with custodial supervision of the facility for the day will be admitted to the secured area for processing. 45. This Agreement shall be valid only for the City election held February 1, 2000. 46. In the event any part of this Agreement is determined to be unenforceable by a court of com- petent jurisdiction, said ruling shall not invalidate the remaining parts of the Agreement. IN WITNESS WHEREOF, the parties hereto authorize this Agreement, consisting of six consecutively numbered pages plus a one page "Exhibit A" attachment, and affix their hand and seal this day of , 1999 by the Naples City Council; and this _ day of Elections. , 1999 by the Collier County Board of Commissioners and Supervisor of ATTEST: DWIGHT E. BROCK, CLERK COLLIER COUNTY BOARD OF COMMISSIONERS Pamela Mac'Kie, Chairman Approved as to form and legal sufficiency for the County: SUPERVISOR OF ELECTIONS ~. . tIlk~~fJ~ -0). fh&h~ mira Maiialich Mary W. M rgan Chief Assistant County Attorney ATTEST: CITY OF NAPLES Tara Norman, Naples City Clerk Bill Barnett, Mayor Approved as to form and legal sufficiency for the City: Kenneth B. Cuyler, Naples City Attorney ~O~~~~\E APR 2 7 1999 F:\CITY\NAPLES\CONTRACnCITYAGMT,QW - 7 pages - 12:16:21 PM. Mary W. Morgan, Supervisor of Elections _2-i,~.:~L Naples Election A~reement 7 Exhibit A Collier County, Florida ~ 19.1 SECURITY PROCEDURES for Stand Alone Municipal Elections (not scheduled concurrently with state/county dates or mail ballot elections) 1. Per F.S. 97,055, the Elections Office will advertise the registration book closing. 2. Provide the City with a precinct by precinct demographics report within seven days of registra- tion book closing. 3. On the 6th day preceding election day, the Elections Office will run the computer sort to pro- duce precinct registers for use by the City (not required for mail ballot election). 4. On the 4th day preceding election day, the Elections Office shall deliver the precinct register(s) to the City Clerk no later than 5:30 p.m. (not required for mail ballot election). 5. If the City leases the County's voting equipment (not supplies), permission must be obtained from both the County Commissioners and the Supervisor of Elections for each election date per F.S. 101 .36. The City shall provide the County with an itemized list of requested equipment no less than 45 days prior to election day. The County shall not be required to provide equipment it does not have nor shall it be required to provide all equipment, quested. 6. If authorized by the County, the City shall arrange to pick up the leased equipment, prepare it for use in its election, and deliver it to their polling place(s). 7. The City shall return leased County equipment to the Elections Office the day after the elec- tion. The equipment shall be in the same condition as when it was received by the city. 8. If the City issues absentee ballots, the Elections Office will, prior to the canvass of votes, pro- vide the City with records access for their verification of voter signatures on absentee ballots brought to the Elections Office by the City. 9. No later than the 2nd day after the election, the City shall deliver to the Elections Office the precinct register(s) organized in ascending precinct order. No later than the 3rd day after the elec- tion, the City shall deliver to the Elections Office, the voter affidavits organized in alphabetical order for use to the Elections Office in updating elector records. 10. If the City leases the County's ballot tabulation system, only the Supervisor of Elections securi- ty procedures for building and system access shall apply. The City shall be responsible for all other security measures for its procedures and supplies. 11. The Elections Office shall microfilm the precinct register(s) once voter history has been posted and proofed. 12. The Elections Office shall retain the precinct register(s) for twenty-two (22) months and then shall seek Bureau of Archives authorization for destruction. Revised April 19, 1995; D/E OK 4/21/95 f: \city\contract\security ~~Xf~\e A?~ 2 7 1999 f:il=~ .-- EXECUTIVE SUMMARY RECCM>1ENDATION TO THE BOAlID OF COUNTY CCM>!lISSIONERS TO APPROVE THE COPS UNIVERSAL HIRING PROGRAM ADDITIONAL OFFICER REQUEST FORM. OBJECTIVE: To gain Board approval of the COPS Universal Hiring Program Additional Officer Request. CONSIDERATION: On November 8, 1994, the Board of County Commissioners agreed to act as the coordinating unit of government for the United States Department of Justice, Offl.ce of Community Oriented Policing Services (COPS) Accelerated Hl.ring, Education, and Deployment Program (COPS AHEAD). The COPS Universal Hirl.ng Program (UHP) is a supplemental program to the original COPS AHEAD grant. On February 14 and August 15, 1995 the County Commissioners approved application for the COPS AHEAD and COPS Universal Hi ring Program (UHP) supplements and authorized an l.ncrease in the number of budgeted Sheriff's Office law enforcement officer positions to support communl.ty policing programs. On March 25, 1999 the United States Department of Justice issued a COPS Universal Hl.rl.ng Program Additional Officer Request Form for a future grant award. The future three year UHP supplemental award will fund $75,000 of eligible costs for each of nlneteen new officers. The total federal funds will be $1,425,000. County Commission support is needed to execute this document and officially increase by nineteen the number of budgeted positlons in fiscal year 2000. The award is anticipated in fiscal year 2000. ~ FISCAL IMPACT: The local three year e1lgible costs match will be $870,100 affecting fl.scal years 2000/01, 2001/02 and 2002/03. Federal funding will be requested for 100~ of the fl.scal year 1999/00 eligible costs. GROWTH IMPACT: Subsequent eligible FISCAL YEAR 199m~ 1999/00 2000/01 2001/02 costs federal FEDERAL GRANT $ 0 $752,500 $672,500 $ 0 and match share LOCAL MATCH $ 0 $ 0 $ 80,000 $790,100 funding: All subsequent year funding will be included as a part of the Sheriff's Office annual budget submissions. RECOM>1ENDATION: That the Board of County Commissioners approve the COPS Universal Hiring Program Additional Officer Form and approve an increase in the number of fiscal..yeax::.. 1999/00 budgeted positions by nineteen. ) PREPARED -1' (d-. - BY: -' \. ----- Pat Mullen, >)\ " J'r 1/\ ilIA __ / '-J - Acting Captain, Uniform Patrol Divislon APPROVED BY: -.LV ;5-Ud~~ Don Hunter, Sheriff ~~I~ct~4- AGFN No. I ,- DATE: April 12, 1999 A?l~ 2 7 1999 ~,h,' ~ ::-:5'~~':'. ,-f.~.::..:- ..;~:-'~,--,":-., ;~~~V:'i'; ..~~~.... ~j U.S. Department of Justice Office of Community Oriented Policing Services (COPS) Grants Administration Division Jl()(J Vermont Avenue, NW Washinglon, D, C. 20530 Universal Hiring Program Additional Officer Request Form March 25, 1999 Sheriff Don Hunter Collier County Sheriff's Department Government Complex, Building J 3301 Tamiami Trail East Naples, FL 34112 FL01100 COPS Universal Hiring Program (UHP) grantees are able to request additional grant dollars for new officers by answering the questions below. Future grant awards will be based on the information provided in this document onlv: submitting another UHP application packet is not necessary. All grant recipients must develop a written plan to retain their COPS funded officer positions after Federal funding has ended. This plan must be submitted to the COPS Office with your application. Departments are also required to submit the attached Assurances and Certifications with each additional officer request. A request for a waiver review of the local matching requirement cannot be considered unless supporting information is attached to this Additional Officer Request Form, The supporting evidence. at least one typewritten page in length. must include (I) a satisfactory and documented demonstration of severe fiscal distress. and (2) a description of the link between a locality's showing of severe fiscal distress and how that distress impacts the area's law enforcement agency, Please refer to your COPS UHP Grant Owner's Manual for information related to the waiver requirements. Please complete this form and return to the COPS Office at the address below. Unreturned, blank and/or incomplete forms will be treated as though no officers have been requested. Additional Officers Requested FuIl Time Part Ti!ne 19 0 Waiver Requested? Yes 0 No~ HfPORTANT: Both Signatures must be originals. If you have any questions. please call the U.S. Depanment of Justice Response Center at ] .800.421.6770 or your grant advisor. Low Enfo"'""nt Ex". S;gn",ure Jl ;5..../..~J~ _..~_...Date / 1- Ci; 4," /'1 q (J..A,,-':/&'--dJ!o.: II I , Law Enforcement Executive Name and Title _V~ ~.Don Hunter, Sheriff Government Exec. Signature Date --- AGEkl,~,\T'~ NO,~..J~) - "j , ~ . 1 . i . . ' , ,. l;:;j - Government Executive Name and Title Pamela S. Mac'Kie, Board Chairwoman -~_.- --- Rem.!]] this form to: Office of Conm1Unity Oriented Policing Ser\'ices l.'ni\'ersallliring Program Control Desk, 7th Floor 1100 Vermont ~\>'enue, ;-''\V Washington, D.C. 20530 ~. ;-. ..;,~...._~.~ :.:' :.) ,. ....",,, . -,.r.l ....... .~.,...,_~ '.'.'.'_V"~" ~.'.' . "...L 0"'".0 ....,_. ~:'..;.; ,/ ~~. ~ ....-. : -_Lf1...~_.._ _____ A...~t.an~ County Attorney Please complete and retllm this form 10 the COPS Office A. S,A. P. V~. uc:paruut:Ul 01 Jusuce Office of Community Oriented Policing Services r..-" - "~'- .~",-;, Assurances ~' ~ ''':"ilIOT'~~,.,- ...............,_.. Several provisions of Federal law and policy apply to all grant programs. We (the Offi~ of Community Orien~ Policing Savi~) need to secure your assurance that you (the applic.mt> will comply with these provisions. If you would like further information about any of the matters on which we seek your assu:rara, please contact us. By your authorized representative's signature, you assure us and certify to us that you will comply with all legal and administrative require- ments that govern the applicant for acceptance and use of Froeral grant funds. In pa.rticulal; you assure us that 11. You will devise a plan to retain the increased hirin~ level with state and local funds after the conclu_ on o7jGeNDA I~E)\ No.-I( (A)l~ I hereby cmify compliance with the above assuranas that govern the applicAtion and use oj Fedaal funds. Mac I Kie I Baaed ChC\ 1 c.,jomqn1 1 ... ,.." ,; .,....... c:i~.~i~i-~~_ .:~>~~~~~~...r::\~-~~!~~;!:~,..~~~~;;;~\_.~~~.~~~*~ , -. r7 t>. /tv--- --, __JL~- ~QI-------- 1. You have been legally and officially authorized by the appropriate governing body (for example, mayor or city council) to apply for this grant and that the persons signing the application and these assur- ances on your behalf are authorized to do so and to act on your behalf with respect to any issues that may arise during processing of this application. 2 You will comply with the provisions of Federal law which limit certain political activities of your employees whose principal em- ployment is in connection with an activity finan.red in whole or in part with this grant These restrictions are set forth in 5 USe. S 1501, et ,seg. 3. You will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if they apply to you. 4. You will establish safeguards. if you have not done so already, to prohibit employees from using their positions for a purpose that is, or gives the appearance of ~ing, motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties, 5. You will give the Department of Justice or the Comptroller General access to and the right to examine records and documents related to the grant. 6. You will comply with aU requirements imposed by the Depart- ment of Justice as a condition or administrative requirement of the grant; with the program guidelines; with the requirements of OMB Circulars A-!57 (governing cost calculations) and A-I28 or A-I33 (gov- erning audits); with the applicable provisions of the Omnibus CIime Control and Safe Streets Act of 1968, as amended; with 28 CFR Part 66 (Uniform Administrative Requirements); with the provisions of the current edition of the appropriate COPS grant owner's manual; and with all other applicable laws, orders, regulations or circulars. 7. You wilL to tile extent practicable and consistent with applicable law, seek. recruit and hire qua1ifif,j members of racial and ethnic minority group5 and qualified women in order to further effective law enforcement by increasing thei.; ranks within the swam posi- tions in your agency. 8. You will not, on the ground of ~ce, color. religion, national origin, Signature: Pamela S. _~~~~-':.:;;r..,"';,;;::,', gender. disability or age, unlawfully exclude any person from partic- ipation in, deny the benefits of or employment to any person. or sub- ject any person to discrimination in connection with any programs , or activities funded in whole or in part with Federal funds. lhese civil rights requirements are found in the non-discri.mination provi- sions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 USe. 9 3789(d)); TItle VI of the Civil Rights Act of 1964- as amended (42 USe. S 20C0d); the Indian Civil Rights Act (2S USe. SS 1301-1303); Section 504 of the Rehabilitation Act of 1973, as amend- ed (29 use 9 794); TItle IT. Subtitle A of the Americans with Disabil- ities Act (ADA) (42 u.s.e S 12101, et seq.); the Age Discrimination Act of 1975 (42 u.s.c. 9 6101, et seq.); and Department of Justice Non-Discrimination Regulations contained in TItle 28, Parts 35 and 42 (subparts C, D, E and G) of the Code of Federal Regulatioris. A In the event that any court or administrative agency makes a finding of discrimination on grounds of race, color, religion,. national origin. gender, disability or age against you after ad process hearing.. you agree to forward a copy of the finding to . Offire of Ovil Rights, Office of Justice Programs, 810 7th Street, NW, Washington, DC 20531. . B. If you are applying for a grant of $5OO,CO) or more and DePart- ment reglllations (28 CPR 4.2.301 et seq.) require you to submit an Equal Opportunity Employment Pian. you will do so at the time of this application, if you have not done so in the past If you are . applying for a grant of less than $SOO,OOJ and the regulations require you to maintain a Plan on file in your office, you will do so within 120 days of YOut grant award. 9. You will insure that the facilities under your ~p, Jease or . supervision which shall be utilized in the ~ccomplishrnent of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Farilities and that you will nOtify us if you are advised by the EPA indicating that a' facility to.be Used in this grant is under consideration for listing by EPA. 10. If your state has established a review and comment procedure under Executive Order 12372 and has s.elected this program for review, you have made this application available for review by the state Single Point of Contact. 1 A,' ~ 'I. 7 4'::f~.) J I~:. , I",,~~ _.. Date: -:~<"'"-___.~"" ~.:r'=--"~'~"'"c~~- , (rg.__" ._~ '-, . ,,:"'-:r.IJ!'_~"""'-=-"~' . Il. "2i"bl.l1t r,)!I:1 tv .\ t:(I"Jl<~'1 Office of Community Oriented Policing Services -~- '~ :';'- ~ ~J r - ~er1ifications nega. A~ 1..obbybJ; Debarment. Suspension and Other Responslblity Mafta"S; l)ug-rfae ~ Reqla e..81I5 Coortl..ation wfth ~ AgeIDes; ~; IIld ReIa..tbi. Although the Department of Justice has made every eiiort to simplify the applica.tioo process, other provisicas of Federal law require us to seek your certification regarding certain matters. Applicants should read the regu1atims cited below and the instructicns for ~tion included in the reglJJabons to un:entand the requirements and whether they apply to a particular applicant. Stgnature of this fon:n provides for ccmpbance with certification requirements under 28 CFR Part 69, "New R.estricticc'\s 00 Lobbying, W and 28 CFR Part 67, "Government-wide Debarment and Suspensioo (Nooprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants),W and the coordination and ncn-supplanting requirements of the Public Safety P~ a..'1d Community Policing Act of 1994. The cert:ificatials shall be treated as a material represen- tation of !act upoo which reliance will be placed when the Department of Justice determines to award the covered grant. L Lobbying FedenJ benefits by a state or Federal court, or voluntarily excI~ from covered trardactions by any Federal depart- ment or agency; (Ii) Have not within a three-year period preceding this appli- cati".t been convicted of or had a c:ivil judgment rendered against them for cxxnmis&ion of fraud or a criminal offense in connection with obtaining. at1empting to obtain. or perf~ ing public (Federal, state or local) tr"ardiaction or contract under a public transaction; violation of Federal or state antitrust statutes or c:ornmi.ssion of embezzlement, theft. forger)~ . bribery, falsification or destruction of records, malong false sta tements, or I'l!Ceiving stolen property; (ill) Are not presently indicted for or otherwise oiminally or civilly charged by a goverrunental entity (Fed~l. state or kx::al) with commission of any of the offi>nses en~t:ed in paragraph (A)(ii) of this certification; and . (iv) Have not within a three-year period p~ this appli- cation ~""d one or IT'rOT'e P' ,blic transactions (Federal. state or 1ocaI) terlninat:ed for ause or default; and As required by Section 1352. Title 31 of the US, Code, and imple- mented at 28 CFR Part 69, for persons entering into a grant or coop- e:rativt ll&oterl.etU aver $100,(0), as defined at 2B CFR Part (11, the applic.ant oerti6es that A No Ftderalappropriat:ed funds have been paid or will be paid. by or on behalf of the undersigned, to any person for inBu- encing or attempting to inB~ an oBi<:2r or employee of any agenc)', a Member of Congress, an officEr or employee of Congress. or an employee of a Member of Congress in connection - with the making of any Federal grant; the entering into of any oopentive agreement; and the extensiOI\ continuation. renewal. amendment or L-ooification of any Federal grant or cooperative agreement; B. If any funds other than Federal appropria t:ed funds have been paid or ....ill be paid to any pers.on 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 grant or cooperative agreement. the undersigned shall complete and s~ mit St-1 ndard Form - LLL. 'Th.sc.IOSWl' of Lobbying Activities." in ao::ord..l.nce wi th its instructions; C. The wldersigned shall require tha t the langua gt' of this certifi- ca tion be incl uded in the awa.rd d )(ume.nts for all suN w ards at all tiers (including subgrants, COn~lacts under grants and ~ tive agreernents. and subcontracts) and that all sub-n!Cipients shall certify and disclose accordingly 2.. Deb a.nnen l. Sw peru ion and Othtr Rea poNibili ty M.1 tten <Dinct Red pientJ As requin>d by Executive Order 12549, Debarment and Suspensiol\ and implelT'le[\ted at 28 CFR Part 67, for pra'l)t>Ctive participants in primary covered b il.nsactiOns, as defined at 2B CFR Pa.rt 67, Section 67510- A. The appucant certifies that it and its principals: ,-' (il Are not presently debarred. suspended, proposed for debarment, declared ineligible, sentlmced to a derual of B, ""'here the applicant is unable to certify to any of the state- ments in this cert:ificatiOI\ he or she shall attach an explanation to this application. 3. Drug-Fre-e Workplace (Grantees Other Th.an lndividu.a.1s) As required by the Drug-Free Workplace Act of 1988, and imp]~ mented at 28 CFR Part 67, Subpart F. for grant:ees, as defined at 28 CFR Part 67, Sections 67615 and 67.620- A The applicant u-.li.6es that it wilL or will continue to, provide a drug-free workplace by: (i) Publishing a statrment notifying employees that the unlawful m..:mufacrure, distribution. dispensing. possession or us.e of a controlled S'.1bstance is prohibited in the grantee's workplace a.rod 5pe(ifying the actions that will be tak.en against employees for violation of such prohibition; (ii) Establishing an oo-going -free aW~,E~m to inform dnployees ~ut - N~~ E~ 9A(J5~) ~r.."-":,,"'li"_41_e;...:!~~;t';~'l..~'~~::1!;?,;::~;~.'':n.1~~':-lM~::'.:'~.;,,~;-:'1>.,"::"1~Vi"-r.):;;,:r~q<tiW~f_":~"'Y~.':?' '~A'J~rTl~g'3- -:. L_ (a) The dangers of drug abuse in ~ worlcplace; (b) The grantee's policy of maL'1t.lining a drug-free worlcplace; (c) Any available drug CO\.l!'\S€ling, rehabilitation and employ- ee assistance programs; and (d) ThP. penalties that may be imposed upon employees tor drug-abuse VlOlations occurring in the workplace; (iii) Making it a requirement that each employee to be engaged in the periorrr.ara of the grant be given a CDpy of the statl?ment required by paragraph (i); (iv) Notifying the employee in the statement required by paragraph (i) that, AS a condioon of employment under the grant. the employee will - (a) Abide by ~ terms of the statement; and (b) Ndify the employer in writing of his or her convlction ror a violation of a c:rir.unaJ drug statute ~ in ~ work- plaa! no later that: five ca.Iendar days after such convictlon; (v) Notifying the agency, in writing. within 10 c:alendat days after receiving notice under subparagraph (iv){b) from an employee or otheTwlse rec:eiving actu.al notice of such CDnVlC- bon. Employers of corwicted employre5 must provide notice, including position title, to: COPS C>ffice, 1100 Vermont Ave., NW, Washington. DC Xl53O, Notia shalJ include the identifr ation number(s) of each affected grant; (vi) Taking one of the follov.ing actions, wittur. 30 c:aJend.a.- days of recemng notice under subparagraph (Iv)(b), with respect to any employee who is so conVlC1!!d - (a) Taking appropriate personnel action against such an employee, up to and LnClucling termination. conslStent with the requ.iremen ts of the R.eha bilitation Act of 1973, as amend. ed;or (b) Requiring such employee to participate satisfactorily In a drug abuse assIStance or rehabilitation program approved for such purposes by a Federal, state or local health, law enforce- ment or other appropnate a~ncy; (vii) Making a good faith effort to continue to maintaln a drug-freE workplaC'i' through unpJement3bon of paragraphs (i). (ii), (Ui), (Iv), (v) and (vi) ~~~ ~ B. The grantee may insert in the spaC'i' provided below the site{s) for the perforrna.nc:e of work done in connection with the spedJic grant Place of perfOrmatlC'i' (street address, city. county. state, zip ex... Oleclc I:] if there are wcrkplaces CI'l file that are not identified here. Sed:ioo. 67.6l) of the regulatims provides that a grantee that is a sate may elect to make me c:ertifiation in eaa. Federal fisca.) ~ . copy of which should be inc:Iuded with ead1 application for Department of Justice funding. States &nd state a~es may elect to use OlP Form 406117. Oleclc I:] if the state has elected to complete OJP Form ~1 17. .. Cool'lfiNtion The Public Safety Pa.rtnership and Community Policing Act of 1994 requires applicants to certify that there has bee1'l appropriate coordi- nation with all agencies that maybe affected by the applicant's grant proposal if approved. Affected agencies may include, ~ others, the ()ffice of the United States Attorney. state or local prosecutors, or correctional agencies. The appl.icant cmifies that there has bee1'l appropriate coordination ~;th all affected agencies. S. Non-Supplu\ting The applicant hereby certifies that Federal funds will not be usee. replace or supplant state or local funds, or funds supplied by the Bureau of lnd1an Affair.;, that would. in the absence of Federal aid. be made available to or for law enforcement purpcses. 6. Rdention The applicant hereby certifies that it understands that it must abide by its submitted plan to ret:li.n the additional officer positions at the concl uslon of the grant period. Grantee f\,;ame and Address Collier County Sheriff's Office Ii . N' and! ~ "'ame. COPS UHP App catIOn 0, or . . vr-" ;". _ Typed N.ur.e-and-litle of Law ~rcement RePresentati~h Don Hunter I Sher- iff /,,/ --A I Z;:, '-;;t;2 _ r ..~ _/1 Co :..pt Date. J Z. ~ 1 q Signature: 7\c-tHA, ;.' I~~VL-'-~.-::~~~~,.._. 1-0'" I / As the dlJly al/thoriud ~s.rnrativt oft1u ~g body, I ht-rtby artilY th.1t t1u I ~ binding ~ go~ng body to tlu IWovt crrtifi.ar tions, including tlu plan to main. Elutions of ni'"..I! offu:ials will nor rtlU:vt t1u gowmmg body of Its oblIgations W'UUT this granr. Typed 1'-:ame anc Title of Govemrr-.ent Representatlve: -I~l]lela S. Mac I Kie I ,B.C?ard Chairwoman Date: AO:)r\Yi'3d ~;;; to t:)r~~ l<F.l :~..<"',~i<~:' ~~..~_.__,-~1~.---._- Grantee IRS! \1:!ndor Number: 596000561 Signature ___' !j.!~: :~ ./ ~ pq._,,-~".. i. i . .) ".:;;j~ A;lS,i.:.~tr~",t. C.)u.::;~: ':\'~~;:~"-~:'-;./ EXECUTIVE SUMMARY .,-. PUD-83-26(2}, ROBERT DUANE OF HOLE, MONTES & ASSOCIATES, INC., REPRESENTING OLDE CYPRESS DEVELOPMENT LTD., A FLORIDA LIMITED PARTNERSHIP, REQUESTING A REZONE FROM PUD TO PUD HAVING THE EFFECT OF AMENDING THE WOODLANDS PUD FOR THE PURPOSES OF RENAMING THE PUD FROM THE WOODLANDS PUD TO THE OLD CYPRESS PUD, ADDING PERMITTED USES OF PERSONAL STORAGE FACILITIES AND MOTELS/HOTELS ANQ REVISING CERTAIN DEVELOPMENT STANDARDS FOR PROPERTY LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD (C.R. 846), EAST OF 1- 75, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 5002: ACRES. OBJECTIVE: This petition seeks to amend the current Woodlands PUD through a rezoning action ofPUD to PUD. CONSIDERATIONS: The property lies north of Immokalee Road (CR-846) in Section 21, Township 48, Range 26 East containing some 500.11 acres more or less. .~ The amendments purport to do the following: 1. The name of the project is to be changed to Olde Cypress together with ownership change to Olde Cypress Development Ltd., A Florida Limited Partnership. 2.. To add personal storage facilities as a permitted use to the commercially designated tract. 3. To add motelslhotels as a permitted use to the uses permitted on the commercially designated tract. 4. To revise the development standards Table II, Section VII having the effect of modifying relationships between residential buildings and the minimum size of multi-family units from 750 to 600 square feet. 5. Condenses the list of commercial uses to represent same references as those in the C-3 zoning district with the exception of motelslhotels and personal storage facilities. 6. Amend utility provisions to reflect the fact that the development will be connected to County sewer and water utilities. -- The current PUD was approved as a Development of Regional Impact (DRI) and ~TfiN development has been initiated. Staff identifies this relationship because as a DRI he~, APR 2 7 1999 Pg. / authorization is vested and any discussion of GMP relationships become irrelevant. Nevertheless, any land use change needs to be reviewed to insure a continuing consistency with the FLUE to the GMP. Future land use policies and objectives provide for revisions to commercially designated areas that are vested but nevertheless inconsistent with the FLUE which is the case with respect to the commercial tract in the current Woodlands PUD. That policy advises that revisions cannot be more intensive than currently authorized uses. A traffic analysis submitted with this petition demonstrates that the added uses in lieu of the same amount of current uses would generate less traffic than the current uses. Therefore, this requirement of the FLUE for dealing with revisions to inconsistent comm~rcial zones is consistent. Non use amendments have no consistency relationship with elements of the GMP. The Collier County PI aIming Commission heard this petition on April!, 1999 and they recommended approval. One Planning Commissioner voted "nay" and therefore this petition cannot be placed on the BCC summary agenda. Several affected property owners addressed the CCPC, however, no one expressly represented an objection to the changes. FISCAL IMPACT: We cannot make an informed analysis of the fiscal impact of the added uses because it is not certain that in fact those are the uses that will be developed from the currently authorized list of permitted uses. ,- In addition to impact fees there are building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees have traditionally off-set the cost of administering the community development review process, whereas utility fees are based on their proportionate share of impact to the County system. Additional revenue is generated by application of ad valorum tax rates. The revenue that will be generated by the ad valorum tax depends on the value of the improvements. At this point in time staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. The above discussion deals with revenue streams. A fiscal impact analysis is incomplete without an estimates of costs that will be generated by a particular land use development project. At this point in time staff has not developed a model by which to estimate the costs of a particular land use development project. Such a model in our opinion would be terribly misleading because there is no certain way, particularly with respect to housing projects to determine their value, and likelihood that not all ofthe authorized development will occur. Nevertheless, it should be appreciated that notwithstanding fiscal impact relationships, development takes place in an environment of concurrency requirements. When Level of Service requirements fall below their adopted standard a mechanism is in place to bring about a cessation of building activity. Certain LOS standards apply countywide, versus roads which may have specific geographic concurrency implications. ~GENOA ITEM No.../P'(L5) L APR 2 7 1999 Pg. ~ - - GROWTH MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions of the Growth Management Plan can not have an impact on the Collier County Growth Management Plan. This petition was reviewed for consistency and was found to be consistent with all provisions of the Growth Management Plan. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 of the 3.15 of the Collier County Land Development Code. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no Historical! Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition PUD-83-26(2) as described by the Ordinance of Adoption and Exhibit thereto (i.e. PUD Document and Master Plan). 1"\ \ ~REP A~~~ BY.. i, (~" ) RoNALD F..t'ltNO, AICP CURRENT PLANNING MANAGER L\. ~.(\~ DATE REVIEWED BY: /lv------ }(OBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR v - 7 -~7 DATE 7-/ 7-97 DATE V NCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD-83-26(2) EX SUMMARY/md AGENOA ITEM No. /~) / , I APR 2 7 1999 Pi. ,,-;i) AGENDA ITEM 7-D L.P0..PINA \ ..J MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: MARCH 10, 1999 RE: PETITION NO: PUD-83-26(2), OLDE CYPRESS (AKA THE WOODLANDS) OWNER/AGENT: Agent: Mr. Robert L. Duane, AICP Hole, Montes & Associates, Inc. 715 Tenth Street South Naples, Florida 34106 Owner: Olde Cypress Development Ltd. A Florida Limited Partnership 5620 Strand Blvd., Ste. 1 C Naples, Florida 34117 Paul and Bob Hardy (100%) -- REQUESTED ACTION: This petition seeks to amend the current Woodlands PUD through a rezoning action ofPUD to PUD. GEOGRAPHIC LOCATION: The property lies north of Im.mokalee Road (CR-846) in Section 21, Township 48, Range 26 East containing some 500.11 acres more or less (see location map following page). PURPOSEIDESCRIPTION OF PROJECT: The amendments purport to do the following: 1. The name of the project is to be changed to Olde Cypress together with ownership change to Olde Cypress Development Ltd., A Florida Limited Partnership. AGENOA ITEM No. /X~J/ To add personal storage facilities as a permitted use to the commercially desi' ted tract. 1 APR 2 7 1999 Pi. q -, 2.. III I I I ~ 2 WQ tool-, - <( . CIJ g . I . . . . ~...J ,.... ... ..... '. .'.... .. ... .... ....... >. . i.' .... . . .... . .... ! . . . . .:.. . .... . ., , . . . . '. . '..... . . . I~ ~ I.~ I ~ Xli cs ~ '<~ Q. ~ ~ ~ .... ." ., . UJ to- - en .. ., ... .' .... :.. . .. ,. .,. ,..... .. <> .....\ .....> <..,. 'I:::>> ^;,. 'I:: A. 1'- '" . ~~"'7 1;$ B :::i >-- ,-J ~l::= .<1""-.. t::f A".. ~ '<. )I ~ v I v;r.-.J '-I l...l;:< }.."V .,- .... ..... .. . . '-- .. , . '-- IIT1T,III/'A ~l\\~ ~ ~\Ij (Sb., t::)J:j 'T Y/'V - N ;; .. I If) . I CI ;:) o . :J'lIr.IS QI..lON / ~ - to! to! _ o1~" "o1p .. r~ - ~g i E~ ~ ~ p > i ~ w.., w. "to! to! ::~~ 01; 01 r m ~~ L" 1r:) ~ ~ Q. ~ ~ ~ ::!" tI .., to!~ !! ~i ~ o1~ ~ m z 0 - ~"II '" ~ .~~ i1pll/ ci 'r>- c~ U OII'tAn'lOll IMlO1 0 ..J i ~ .. i :. o i= i= Ia.I IL :: :: .., " ill i ~ oi ~ ~ ~ l! 2 ~ J. ~ z ~ :l . " 0 0 U U Q:: !! w w :J w --' --' 0 U ~ .. ~ 52 wQ ,!< 00 ::9 ~~ i >' " ~ l:l " 5nd\'N "" .. ~ $"'''6311 " lIllllCllnc 0 ~ ~.. i ;i ~ ~ !! ::l l!l ~~ .. 5; ~ ~ I~ ~ oJ. 5 ;l 3,l'tJ..ABL" ~ 3. To add motelslhotels as a permitted use to the uses permitted on the commercially designated tract. 4. To revise the development standards Table II, Section VII having the effect of modifying relationships between residential buildings and the minimum size of multi-family units from 750 to 600 square feet. 5. Condenses the list of commercial uses to represent same references as those in the C-3 zoning district with the exception of motelslhotels and personal storage facilities. 6. Amend utility provisions to reflect the fact that the development will be connected to County sewer and water utilities. EXISTING AND SURROUNDING LAND USE AND ZONING: The amendments reflected by these changes should not have any external effect on abutting properties. GROWTH MANAGEMENT PLAN CONSISTENCY: , The current PUD was approved as a Development of Regional Impact (DRI) and substantial development has been initiated. Staff identifies this relationship because as a DRI the development authorization is vested and any discussion of GMP relationships become irrelevant. Nevertheless any land use change needs to be reviewed to insure a continuing consistency with the FLUE to the GMP. Future land use policies and objectives provide for revisions to commercially designated areas that are vested but nevertheless inconsistent with the FLUE which is the case with respect to the commercial tract in the current Woodlands PUD. That policy advises that revisions cannot be more intensive than currently authorized uses. A traffic analysis submitted with this petition demonstrates that the added uses in lieu of the same amount of current uses would generate less traffic than the current uses. Therefore, this requirement of the FLUE for dealing with revisions to inconsistent commercial zones is consistent. Non use amendments have no consistency relationship with elements of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. An application for waiver of an historical and architectural survey was filed and approved. AGENDA ITEM No. /.;2~) / APR 2 7 1999 -- 2 Pg. b EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Department staff. This petition was administratively reviewed on behalf of the EAR Recommendations are included in the Development commitments section of the PUD that pertain to those jurisdictional staff recommendations required to assure that development as it proceeds will be consistent with applicable LDC requirements. ANAL YSIS: This is a PUD amendment even though the process is one of rezoning the land from "PUD" to "PUD". When we use a rezoning process to accomplish a PUD amendment, we do so to achieve a level of administrative convenience as it avoids the requirement to track amendments and their relationship to the original document in order to understand the totality of the regulations as they apply to the PUD zoning district. For this reason, staff is of the opinion that the required findings for standard and PUD rezones do not apply in recognition of the fact that when the property was initially rezoned, the decision to approve the Woodlands PUD, now Olde Cypress PUD, was based upon a preponderance of evidence and conditions which support the required findings for both standard and PUD rezoning actions. As was noted under the discussion of consistency with the FLUE to the GMP the land use changes will overall actually reduce impacts particularly in the area of traffic generation while changes to development regulations have no consistency relationship with the GMP elements. In the opinion of staff the revisions will have the following impact: 1. Chan~e of Name: None 2. Addition of Personal Stora~e Facilities: The amendment proposes the addition of personal storage facilities to the commercial tract and specifically to the most northerly portion of the commercial tract west of an entrance road from Immokalee Road. This location will place personal storage facilities adjacent to a large preserve area, and, therefore will have no visual impact on any existing residential area. Storage facilities will have less of a traffic impact on the entryway and Immokalee Road than would an equivalent amount of retail or office commercial development. The most significant factor affecting the acceptability of personal storage facilities has always been their warehouse aesthetic appearance. This no longer can be the result in view of the County's architectural and landscape regulations. Personal storage facilities can be made to look aesthetically attractive. Given this fact and the absence of any incompatible relationship the addition of this use should be acceptable. 3. Motels/Hotels: The issue with added uses can only be one of impacts, the the eyes of the public is traffic. Again, a hotel or motel development do 3 AGENDA ITEM ost -tgnificant in$ not ..s..enerate as ApI< 2 7 1999 Pg. 7 ".. much traffic as a shopping center on the same amount of land area. Currently there is no residential development in the area that would be impacted. The commercial tract is somewhat isolated from the remainder of the POO, however, there is some land area directly fronting Immokalee Road around which the subject property lies that is only marginally developed. In the opinion of staff the addition of hotels/motels should have no greater impact on adjacent land uses or external traffic than currently authorized uses. 4. Amendments To Development Standards: The revisions to development standards will have no impact on existing development inasmuch as no residential development has.taken place. These changes moreover do not vary from traditional standards. 5. Restructurini Commercial References: A lengthy list of commercial uses is contained in the current Woodlands POO. These uses are condensed in the revised POO document into a standard that permits all commercial uses in the present C-3 district of the LDC. These uses are comparable in nature to the present list of commercial uses in the POO with the exception ofthe inclusion of the motel/hotel and the mini-storage facility which may be found consistent with policy 5.1 of the Future Land Use Element as noted. 6. Revision To Utility Development Commitments: At the time the Woodland POO was initially approved there was no County Sewer and Water available to the subject property. Therefore, provisions were incorporated into utility provisions of the POO to allow for interim facilities which are no longer necessary. As a result, these provision have been deleted throughout the ordinance. 7. Relationship To DR! Development Order: None of the revisions to the POO requires an amendment to the DR! Development Order inasmuch as the reference to commercial land uses in the Development Order is not specific and merely identifies the maximum amount of floor area (200,000 square feet of commercial). Nevertheless, a notice of a proposed change will have to be filed with the Regional Planning Council to determine whether or not the change gives rise to further Development Regional Impact inquiry. We are advised that this step is not a prerequisite action to the County's ability to amend a POO development order. Our concern should lie with the appropriateness of the proposed land use. Should it be determined that this require additional inquiry in support of a determination of regional impact then that action is not impeded by the County's approval of a land u~e change. In summary, the proposed changes to the PUD Ordinance which do not include changes to the PUD Master Plan, may be found to be consistent with the Collier County Growth Management Plan and generally accepted planning principals and practices contained in the LDC. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition PUD-83-26(2) as described by the Ordinance of Adoption and Exhibit thereto (i.e. PUD Document and 4GEN041TtM No. /.;:;(lJ) J . I APR 2 7 1999 ,,"""-"" 4 Pg. ~ ~ /' ~ ,: Cq ~J DATE RO D F. NINO, AICP CURRENT PLANNING MANAGER REVIEWED BY: ~J. MU~RE, AlCP PLANNING SERVICES DEPARTMENT DIRECTOR )-1\=79 DATE APPqt:;y: u- ~<- VINCENT A. CAUTERO, AICP,ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. d ..- / ;;; -Cj:i DATE Petition Number PUD-83-26(2) Staff Report for the April 1, 1999 CCPC meeting. G COMMISSION: tJ.BRUET,C~ PUD-83-26(2) STAFF REPORT/md 5 AGENOA ITEM No. /~ . APR 2 7 1999 Pg. 9 . . P U D 8 3 - 2 6 (2) PetItIon No.: APPLICA nON FOR PUBLIC HEARING FOR: PllD REZONE. (lrr:,;" ",,' r;<:' f"'.. ..... lil' Ir" "( " ii'"" n~\1/ /... f!'~, - L~ ~ 6 L' ~ u... l.b?' f ,lbf\25199Q 1--",-___ ~- ------- Planner Assigned: t.. D IJ /J / lJ() Date Petition Received: Commission District: ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s) Olde Cypress Development Ltd., A Florida Limited PartnershiI Applicant's Mailing Address 5620 Strand Blvd., Ste. 1 C _ City Naples State FL Zip 34110 Applicant's Telephone # (941) 596-4797 Fax # (941) 596-9691 Name of Agent Robert Duane FliIn Hole, Montes & Associates, Inc. Agent's Mailing Address 715 10th Street South City N",p'<>c:: State FL Zip 34102 Agent's Telephone # 262-4617 Fax # 262-3074 ~ COLLIER COUNTY COMM1JNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-24001FAX (941) 643-6968 AGENOA ITEM No. /e:2(~) / APR 2 7 1999 APPI .leA TION FOR PUBLIC HEARING FOR POO REZONE - 5/98 PA E 1~ 16 /() 2. Disclosure of Interest Information: a. If the property is owned fee simple by an lNDIVIDUAL, tenancy by the entirety, tenancy in commo~ or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest (Use additional sheets if necessary). Name and Address N/A Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office N/A Percentage of Stock c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address N/A Percentage of Interest APR 2 7 1999 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 PAG 2 cr~16 // d. If the property is in the name ofa GENERAL or LIMITED PARTNERSHIP, list the name of the general andlor limited partners. Name and Ad~ Percentage of Ownership R P.<l1l1 HAT"~Y' 6040 24th AvpnllE' Naples, Florida 34119 50~ General Partner Robert S. Hardy 10621 Airport Rd., Suite 1 Nap] es, 1<'1. ':lid nq 507. See attached for Limited Partner e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address NfA Percentage of Ownership -"-,::.( Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address N/A g. Date subject property acquired t) leased (): 9/98 Term oflease N/ A yrs.lmos. ,- If, Petitioner has option to buy, indicate date of option: N/ A terminates: , or anticipated closing date and date option . ,..po...." ITEM No. /.;'2 (21) J APR 27 1999 p!l.~:n~ l en Ei APPLlCA nON FOR PUBLIC HEARING FOR PUD REZONE - 5/98 2. d. Limited Partner K. C. Stock 1000;.. 307 Neopolitan Way Naples, FL 34103 AGENDA ITEM No. /02 U\ I APR 2 7 1999 /!3 Pg. - h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of applicatio~ but prior to the date of the final public . hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3;" Detailed legal description of tbe property covered by tbe application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, ~cIude separate legal description for property involved in each district Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximwn 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning. the legal description, an engineer's certification or sealed survey may be required. Section: 21 Township: 48S Range: 26E Lot: N/ A Block: NI A Subdivision: N I A - Plat Book N I A Page #: Property LD.#: #00185640000 Dev. Area;#00185440006 GO.it l,;ourse Metes & Bounds Description: See attached legal description 4. Size of propertv: 360n ft. X 1)00 ft. = Total Sq. Ft. ? 1 . 7 RO. 000 Acres 1)00 5. Address/g-eneral location of subject propertv: North side lmmokalee Road 1.3 miles past of I~75 6. Adjacent zoning and land use: Zoning Land use N A Vacant S A/CF/RSF3 Vacant A Vacant E ( W PUD Residential AGENOA ITEM No. /c9~)) . APPLICA nON FOR PUBLIC REA-RING FOR pun REZO"'E - 5!98 APR 2 7 1999 P.A GE 4>t)f 1 h Ii ~-- ./ "" Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: N / A Township: Range: Lot: Block: Subdivision: Plat Book Property LD.#: Page #: Metes & Bounds Description: 7 . Rezone Request: This application is requesting a rezone from the zoning district(s) to the P. U. D. .zoning district(s). P.P.D. Present Use of the Property: Vacant Proposed Use (or range of uses) of the property: residential, commercial, golf .course, preserve areas. 8. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staffs analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request Standard Rezone Considerations fLDC Section 2.7.2.5) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and: No. APPLlCA nON FOR PUBLIC HEARING FOR PUD RE7A)NE - 5198 PAG 5 qJg.16 /6. ..~,.~..:~.' - PUD REZONE APPLICATION THIS COMPLETED CHECKLIST IS TO BE SUBM.11TItD WITH APPLICATION PACKET! ... REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED 1. Completed Application 15 y 2. Copy of Deed(s) and list identifying Owner(s) and all 1 Partners if a Corporation X 3. Completed Owner/Agent Affidavit, Notarized 1 X 4. Pre-application notes/minutes 15 - N/A 5. Conceptual Site Plans 15 v 6. Environmental Impact Statement - (EIS) 4 N1A 7. Aerial Photograph - (with habitat areas identified) 4 "'T I A ( I 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) N/A 9. Traffic Impact Statement - (TIS) 4 N/A to. Historical & Archaeological Surveyor Waiver 4 Application N/A 11. Copies of State and/or Federal Permits 4 X 12. Architectural Rendering of Proposed Structure(s) 4 1\1 I A 13. Application Fee, Check shall be made payable to - Collier County Board of Commissioners X 14. Other Requirements - As the authorized agent/applicant for this petition, I attest that all of the information indicamd on this checkJjst is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of process this petition. - ~~ Agent! Applicant Signature GENOA ITEM . /-:k:/Z) ) APR 2 7 1999 APPLICATION FOR PUBLIC HEARING FOR roo REZONE - 5/98 PAGE 15 O~I6 I ~ . ~.~ -: ;....." .~ . ;:-. ;,.':. ;.:.". "",..,-} , t .-;1' ": _. -. . .., ..../~~"... ~~~~:~...... '.~l~" "0" "-.",. " ~'~.2:" ~{t. ~ I;':; .! ":"0". . ....... ..~ ~."" . , ~ . , .: . ';:. . .;. ~ .' - .:". '. .: r .. .: . " . . ~. . . , ..... . :0:" EXHIBIT tlBI! Section 21, Township 48 South, Range 26 East, Collier County, Florida, less the South 100 feet thereof, being a Collier County canal right-of-way, also excepting the following described parcels located in said Section 21, 3 ~ of SW ~ of :t-.-y\T ?t, and the W ~ of S3 ?t of NW ~, and the W ~ of SW U of S3 U, and the W ~ of W ~ of' SW U of SE ~, and the 53 U of SW U of E ~ of w ~ of 5W ~ of SW U, and the E ~ of SW U of SW U. All of the foregoing subject to any limitations, dedications, reservations, restrictions or easements of record. Property contains: 500.11 acres _ :3 .Wy')D::.k""D\~ J~ AGENDA ITEM No. /r-:J@), ::R _~;999 I .r.:~~~'.;. .~ ... ::-* .~.: .. ~;...,..~~. ~";' : J':. . : .-*, .*..1:.".... ~:~~~::..~ ~'f;:~,. :.r~u::;; . - 'f-. . ~:~,:.!.....- I ~:: .! .:.... . ...;..~.::. . 0' , ~ . .'*.:;". - * .;. ~ .. - ~';... -. /- EXHIBIT uBu Section 21, Township 48 South, Range 26 East, Collier County, Florida, less the South 100 feet thereof, being a Collier County canal right-of-way, also excepting the following described parcels located in said Section 21, E ~ of SW ?{ of l-I-~ ?(, and the W * of SE ~ of NW U, and the W ~ of SW U of SE ~, and the W ~ of W ~ of' SW ~ of SE U, and the SE U of SW U of E * of W ~ of SW ~ of SW U, and the E * of SW ~ of SW U. All of the dedications, record. foregoing subject to any limitations, reservations, restrictions or easements of Property contains: 500.11 acres _ 3.W~~~'~\~ 00 r . . .- .: . . . . ;.. . . , . , o . . . . . *..... . : ~:. . . J~ AGENDA ITEM ~~)) APR 2 7 1999 Pg. If Recelved: 1/15/99; 3:29P~; 19412623074 => PELICAN STRAND; #6 01/15/99 FRI 16:26 FAX 19412623074 HOLE MO~7ES III 006 (i) AFFIDAVJ1: w~ Robert S. Hardy & Paul Ha~g fint duly sworn, depose (llld say that well amlare the owners o/the property described herein and which is.the subjed matter of the proposed I ' he.ari:ng: that all the answen to the qru:stions in thi3 appl~ i~i1tg the dis~ of mterest information., all sketches, data, and other supplementary matter 'attached to tmd made a part of thU tlppUcatio7f, are honest and true to the best of our hlowfedge and .belief. Well undentand that the information requested on thi& opplicatian must be complete and accurate and that tne content -Of this form, whether computer generated or County p~ted shaU not be altered. Public heari,ngs will not be advertised until this application is de.emed complete. and all required information has been submitted. . As property owner We/lfurther aurhorize Robert Duane of HQ1~ f\1ontes to act as ourlmy representati'\1e in. any matters regarding this Petition. I Robert S. Hardy Typed or Printed Name of Owner a.ture of Properiy Owner I R. Paul Hardy i Typed or Printed Ntime of Owner I ~~ Signatw'e of Property Owner TheforegQing instrumfml was acknowled;ed before me this ,18th day of Januarv 1999. by '\cbcrfS: Ik.-d; f K,~I ~'(!j?fho ispenonallylawwn. to me ~~~ '*~~~ State of Florida County of Collier Of FI. MARdWTi.~'~::,: ~~ o-e. My Comm Ei41 t~ - NOTAR So d . '" PUBLIC)> n ed By SIIINICtUnl.".. .". . No. CC597944 ,.! .--- ~_..'''' I(ncwn IlOMl&. Haroaret Straub (print. TyPe. Dr Stamp Commissioned Name of Notary Public) AGENDA ITEM No. /~0lJ / AGJAflfbt f61999 Pg. /1 APPLlCAnON J'OR PUBUC HEARING roR FlJD RE7DNE . S/9I .' L '. . . < I . . ~ ,'" ~ .. t. \ ,1. t ::. ri ..~ ',: it(. .. ... . ( r ( t- h[Cil.) f/M 00 ~HU7~ ~arrantp 1lleeb Thi..s Indl!nIUrf!'. /lfodr thi. 3,-l" Myof . O~~ . A. D. 196A.. ~ . Clifford And~r8on and Ethel M. Anderson, husband and wife, BETWEEN %f:.~J1tf , . ~~. p4rtkt of ,h~ fi"" p4r,. and M. J. Casey Miller and Ruth E. Bra.hear, al!! tenal1tl!! in common, 305 Fifth Avenue, South, Naples, Florida ~ :~~~pcr1 i~" of,A_HC-tHUlpcrl. WITNESSETH. Th41 ,Ii.. Nid p"'rtlft of/h. font perl. for..M VI IX'ruLJ~tto.. of ,h. ...m of T~ Dol, la... and orhn- VGI/U1bl. (''Olt.ddw&tUHu to (h.m Ut MNJ pcWl by tM pcrt.J,e...f-of ,h~ ...conJ INN. 1M Nt- ulpt f,{+'~/lr /wreby ~kMlV)r.J~ Mv. fNlRl.d. kr,altU<l analOlcl to 1M Mid pen lea of ,It_ ,~ p<zrt. thd r ~ oncl_~ f~~, ,h< fol1ixc'l", cll'frCt"/b.d t....cl. ,uW6U.IyU.,. ~ Wilt, Ut lit. C_ruy 0/ Collin- ..,.& StAt. of F~ ~l The Ea.t half of the Southee..t quarter of thl'i Southea..t quarter of Section 21, Town.hi}' -48 South. Range 26 EJ\&t, excepting the reirom th., South 100 ieet'thereof prevlou.ly ~ranted {or CJLnal right-CoIf-way; and SUBJECT to exi.Hog re.ervation. and re.trictions of record; and SUBJECT to ..n eautment [or public road right-oi-way over and acroce the Ealt 30 feet thereof. I ' ~_.. _........-~ . ." .l . "..., 1M -.l4 ,...-ti.../ eN p. ".,., N""""" ",u,. ~ ~ tw ...J...... ...l wtll ~ ........ cpUut .4..l.c1rd d.bou -leU".,.."., trl.,..,u.JI, except .. a.!ore..ld and curr.. t~.. . fN srlTNESS rHgltCOl'. .1....-"1 ~ -I .....,.,. ".,. 4. fo9 .. ......,.,..... ..."..... cJ.. tier ..cI ,..., "-- ~ 5ir-l. -W -.l J-lt-.l ... If' It'F e{ .., ~.f-~ . ~::jS:r:~1t ~-d~~~ ~ f ,I?~-,4~ ".0-- CllU~_ri:Oft _ ~ I~J ~.~~~ (~J cr.- w- ::j~ ~,.o CJU (s-I) AGENOA ITEM Nof~~~(~ AP€- ~ ?c4999:]_ . ~..:; -- ::;; . :-... "-41 .,0 pg:- s;?o '. . ~ g f .. . f . ,. ~EC J.. I J fMl ~, '\ STATE OF FWRlDA, COUNTY OF I IIERF;RY CERTIFY, T/u,( on thi.. , A. D. 196_. .Ja)' oj b..fore ml!' per.uruzlly t:ppec.r~ and Prl!'.idf'nl and ~N!ta.ry ~.~titJl!'ly of , .. corpM/1.lloft un4f!:f" tke ltzw. 0/ the Stt:t~ of Flor-ide, (0 me krunt," to b.. the prrro<u who '/pled the /ore!oinK ilutninumt tU .uch offi~ -.d ~ral11 ctC'kfl.OWld~ Ihe cxecution thereof (0 be.,heir Jr~ act ~ d~ cu 6UCn officert for Ihe Uje' -.d purpo""" Ihcr.-in m~tion.ecl <<ncllha.t Ihey Gtfix~ tMrdo the offici4/. ~ oflCicl ~porati.ort., -.d tMt_tht': ~WI Uu(rumenl if the act <<ncl deed of ... WI cor port1l i 0/'1. . WITNESS my hA.nd cuul otJidal .eel Gl_, in tke CCKUII.Y of c..n.d y~ la..it cfor-ul. and State of Florida, (he day (Settl) .. Notc-y Public v.' STATE OF FWRIDA, COUNTY OF Collier '1 HEREBY CERTIFY tJuu on thil cIay ~1Of1.CJ11y t:ppearf'd 1>Pfore ml', 411 offi~ duly aWlhorixrd (0 .amini-ter OC:M and IClk. o.ckn~l~r;erru!ttt;' . Cliffo rd Ande r II on to me ~1l1awum 10 ~ the ~K>ru deM:ribed in c..n.d who ex('Cutea the for.-!oi;,:~ d~ end ock1lO\CW~~ ~ JON! me tMt Ihey e.r<<utea the .erne frel':ly csnd ,"'Oluntt:rily Jor th,., purpo~ t!...rein e%pre~. IN rr'IT~S WHEREOF,/ herewtlo ~ my !umd c..n.d official ...,,1 at~ .eid County end SI...re, .Ihi... :.:3{' ..- dr.ry of .' rR7 . . ' A. ~. 196L . .J~f ~ d~~ ......;..."M.y_Co'!lmluion ~pirea: .... ...J...J"., ..~ . ....<~.:............ // ~"" ..... ~ .... .t', .....". -... ' . ."\". -~ '"' ."": : Q: :l '.' '. '. ~ : : ..~.':~ ,~--'. ..(jl~J :,.... ~'.:J",J ..'...: ., . . ........,.. .. ;';'" ...... ~ .... IJ ....,.. .... ~rt"lI'<) , Notcry Ptoblic . Notary. Publle, Staf. of F10rida at lArrW I.(y Comi'l\lulon [)(pl~s JUrM 19. 1%8 Bon"~ 8'1 Amenun S....ny Co. of H. Y. ""' ,(IA- ST ATT. OF FWRIDA. COUNTY or' , HEREBY CERTIFY 11t.c, .... tAu tlcy "..--..II". .I"~ b.rf- ...~. _ ~ Joaly _'-rl-c ,. .dmiltiaff'T octlu.-l I.,", __Ic".-./~~,....,.. Eth4!l M. Ander.on .-" ~ I" mrwyUlcftOW'ft'o lHr IA. ,.-.-.cl~ hi --i.~ ~''''I-...io..J-l...J~b. ~ /.r-J &- !~ '", IkcI '''ry urnll..,J ,It.. __/~..J ..l~on1y JOI" ''-/*'''-'~ u,.. M L IN 1<'1r:Lf55 rrllEnmr,/ h~7 .... .~ ...I ..I1J-i: .:- c-,. ,1.11-. .3 - 6cyo/_ __-:.-.A.D.J~ ~:;"~:::~'t;..... . .'. . . Art.,,;:'f/5 ~ APR 27 1999 .~~ . .'IY C~~ ~,..,..~ . - -_ . __ ': l\'~ r.ww ptl "J > en'; .~ . _ e. c:' ..~~ ~ ..... . ,-- 2368932 OR: 2459 PG: 1472 DCUHt 11 ormm QCOIN of COWIl CllRff. n "/II/Y It 12:5ffl DlIlI! I. IIOCI, tmI CllIS 1"*"." DC m m.M 1Ot-.7t 755H.1O :'hie I~t~ment vas Prepared by: DAVID P. HO?STETTER, ESQ. Young, v~n A.,enee:p. ~nd Varnadoe, P.O. Box 7907 Neple~, FL 3'101-790' P..... -7 1lf:1\IItIl'TO: LEO J. $Ill fATOllI QuUl..ES & UADf Sllm 300 4501 rAll1MlI TIAlL I. 1W'Wi. FLORIDA 3'\03 !eta: ~'Jm1 un !IIIII.I ft f 130. IlPW n mn 3m ~ECIAL WARRANTY DEED THIS WARRANTY DEED made and executed thisJ!!!. day of Y-pI,.,J./ A.D., 1998 by Irnmoblee Road PartnerShip, a Florida general partnership, Tax ID No. 59-2147373, whose post offICe address is 1100 Fifth Avenue South, Suite 201, Naples, Florida 34102, hereinafter called the gramor, [0 Olde Cypress Development, LTD., a Bonda limited partnership hereinafter called the grantee: 10621 Airport Pulling ~ ~, n, Naples, F.L 34109. (Wherever used herein the terms "gl'llIl!Or" and "grantee" include alllhe partics to this instrument and their heirs, legal representatives and assigns) WITNESSETH: 1bat the grantor, for and in consideration of the sum of $10 and other valuable consideration, receipt whereof is hereby acknowledged, by rhese presents docs grant, bargain. sell, alien, remise, release, convey and confirm unto the grdl1Iee, all that cenain land si11late in Collier County, Florida, viz: SEE EXHIBIT 'Aw ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO: Taxes for the year 1998 and subsequem years; roning, restrictions, prohibitions and other requirements imposed by governmental aU!hority; and easementS, restrictions and reservations of record. Tax Parcell.D. Nos. Df) I Y'~ t.. <f OOtJD iY)/ K S l/ l.f ,., nOb TOGETHER with all the tenements, hereditamentS and appurtenances thereto belonging or in anywise appertaining. TO HAVE A."'ffi TO HOW, the same in fee simple forever. A.r.m the grantor hereby covenantS with said grantee that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to seD and convey said land; that it hereby fully warrants the title to said land and will defend the title to the land to the grantee named above and grantee's heirs, successors, and assigns, against every person lawfully claiming the property. or any party thereof, by through. or under the grantor, but not otherwise. @ tv< 4GENDAjTEM No. /-20) / APR 2 7 1999 Pg. ~d. NOV 3'98 15:08 FR QUARLES-BRADY 941 4344999 TO 95927541 P.05/05 OR: 2459 PG: 1441 IN WITl'I&'ESS V\'HEREOF the grantor has executed these presents the day and year first above written. Signed, sealed and delivered in the presence of: IMMOKALEEROAD PARTNERSHIP, a Florida general partnership, By: Robal (lmmokalec Road) Partnership, a Florida general partnerShip, as general partner of Immob.lee Road Partnership B.J/ ~ V_S1 By: McAlpine (ImmokaJee Road) Inc., a Florida corporation, as Managing GenenJ""" ", Partner of Robal (ImmokaJee Road)........... Partnership By: " 0" ~f~~:~E~ Pnnl s..... STATE OF FLORIDA COUNTY OF COLLIER On this ~ day of ~pb...u~, ' 1998, before me. the undersigned notary public, personally appeared lohn Wanklyn as President of McAlpine (lmmokBIec Road) Inc., a Florida corporation, on behalf of the corporation, in its capacity as Managing General Parmer of Robal Ommokalee Road) Pannershi?, a general partnership, on behalf of the partnership, in its capacity as general parmer of Immokaloc Road Partnership, a general pa.nnership, on behalf of the partnership. He is personally known to me [0 be the persoho su scribed to and acknowledged the foregoing instrument on behalf of lhe e . 'es . ed. { u~A()1'r- Name of Notary Prinu:d, Typed or Stamped My Commission Expires: F,\USERS\DI'l!\MCALPL"E\PRlCElW AlUtAh"lY .CLU ~ LEO J. MlVATOAI '.. ;oj =""';",a::_ __ --~.2lJJII .--.--- AGENOA ITEM No. /~(L$, APR 2 7 1999 ** TOTAL PAGE. 05 ** Pg. e2S .- ",...-- This In~trumen~ was Prepared by; DAVID P. HOPSTETTER, 2$Q. Yo~n9. van As~enderp. and Varnadoe. P.A. P.O. Box 7Sl0'7 Naples. fL J4101-7Sl07 lJtHi:1J! Ur\; ,\;;1' ru~ .l.'t"t-..Y" DClIIDJD I.J ornc:m DaBS of C<IWD ClIII!t, n 0""/)1 at t2:5'R 8II~ I. DXI, CLDt eaa 3...... ... QC ra nUt *-.71 211..... !eta: gmw . awl (511 'fUUII ftl '3" IJlW fL 34113 J'" -y IIEl1lIII 10: LEO .l. SAlY4TDR1 QUAIll.ES I IllADT SlIm 300 4IOl l'NOJiN lMJl .. IW'US. FlOltIl>>. ,.103 SPECIAL W ARR1\NTY DEED THIS WARRAlIo'TY DEED made and executed this ~ day of ~~d A.D., 1998 by Irnmokalee Road PartnerShip, a Florida general partnership. Tax ID No. 59.2147373, whose post offICe address is 1100 Fifth Avenue Soulh. Suite 201, Naples, Florida 34102, hereinafter called the grantor, to The Club at Olde Cypress, LTD.. a Rorida limited partnership hereinafter called the grantee: 10621 Airport Pulling !bad I>brth, il, Naples, FL 34109 (Wherever used herein the tcImS "grantor" and "gran1ec" include all the panies to this insmunem and their heirs, legal representatives and assigns) WITNESSEm: That the grantor, for and in consideration of the sum of $10 and other valuable consideration, receipt whereof is heTeby acknowledged. by these presents does grant, bargain, sell, alien, remise, release, convey and confirm llI3t.O the grantee. all that certain land situate in Collier County. Florida, viz: SEE EXHIBIT "A" A IT ACHED HERETO AND MADE A PART HEREOF. SUBJECr TO: Taxes for the year 1998 and subsequent years; zoning, restrictions, prohibitions and other requirements imposed by governmental authority; and easements, restrictions and reservations of record. Tax ParcelI.D. Nos. CO I'!. ~<f1nQ.Ob TOGETHER with all the tenements, hereditaments and appurtelWlCes thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the title to the land to the grantee named above and grantee's heirs, successors, and assigns, against every person lavdully claiming the property, or any party thereof. by through, Or under the grantor. but DOt otherwise. AGENDA ITEM No. ./~(6)L APR 2 7 1999 Pg. cPt By: McAlpine (Immokalee Road) Inc., 2 Florida corporation. as Managing General Partner of Reba! (Immoblce Road) ,''''''",,' Pannership .... ,0"""" " .f.... \ OR: 2459 PG: 147~ L"l WITNESS WHEREOF the grantor has executed these presems the day and year fllSt above wrinen, Signed. sealed and delivered in the presence of: IMMOKALEE ROAD PARTNERSHIP, a Florida general partnership, By: Robal (ImIllokalee Road) PartIlCrship, a Florida general partnership, as gc:n.craI panner of Immokalee Road Partnership ~ud/! ~ C!J~$:~~ _~]-:T, ~o (dO ~/l; PriIIl By: STATE OF FLORIDA COUNTY OF COLUER On this ~ day of ~~ ~, 1998, before me, the undersigned notary public, personally appeared John Wanklyn as President of McAlpine (Immokalee Road) Inc., a Florida corporation, On behalf of the corporation, in its capacity as Managing General Panner of Roba! (Immokalee Road) Partnership, a gene:raJ partnerShip, on behalf of the par1nership, in its capacity as general panner of ImmokaJee Road Pannership, a general partnership, on behalf of the partnership. He is personally known to me to be the perso ibed to acknowledged the foregoing inslIlJ11le1lt on behalf of the e ., s' 'ed. Name of Notary Primed, Typed or Stamped My Commission Expires: f "USER$' .DPH'Jo1CAJ.PL"lE\PRICElW AJU(A/ooTI ,OC ~~ LEO J. SALVATOlll W IIYo;MlISSOl,ct... " '. EJCPI6;_2&.%lIlll ....;.. -"..-~-' ......,.. AGENDA ITEM No. Ar;:!) i ,. I APR 2 7 1999 I pg.~ 11 12 PARKLANDS 9 10 IMPERIAL QUAIL GOLF CREEK ESTATES 14 13 18 17 16 15 1- 75 QUAIL II 23 24 REC&CY 22 'MLLOUGHBY VILLAGE LONGSHORE ACRES LAKE t.lENTOR SR. 846 REGEN PARK 0 ...J 26 !i 30 29 w 2 27 ~ 0 DOVE FOUR w POlNTE SEASONS CRESE T VICTORIA PARK LAKE ESTA 35 Q 36 31 -< 32 33 34 0 a:: t:) z :J ...J ::> VANDERBIL T BEACH R AD EXT. VINEYARDS VINEYARDS VINEYARDS 5 J I - 75 J '" C INDUSTRIAL PARK DUSTRIAL PINE AIR VILLAGE 1 LAKES 12 7 VINEYARDS ~ o 2000 I 4000 HOLE, MONTES & ASSOCIA TES, ~C. ENGINEERS-PLANNERS- SURVEYORS SITE LOCA TION MAP ITEM 715 10th St....t S., Nopl... F'L. 34102 - Phon. : (941) 262-4617 ORDINANCE 99-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 862122 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS OLDE CYPRESS PUD FORMERLY WOODLANDS PUD, FOR PROPERTY LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD (C.R. 846), EAST OF I- 75, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 50O:i: ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 96-64, THE FORMER WOODLANDS PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Mr. Robert Duane of Hole, Montes & Associates, Inc., representing Olde Cypress Development Ltd., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 21, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map number 862122, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 96-64, known as the Woodlands PUD, adopted on October 22, 1996, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. AGENDA ITEM No. /~ / , -1- APR 2 7 1999 Pg. bl/ ,- ,- Florida. this _ day of PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, ATTEST: DWIGHT E. BROCK. Clerk Approved as to Form and Legal Sufficiency 111 . rn.~ Ma~tudent Assistant County Attorney ORDINANCE/PUD-83-26(2 ) ,1999. BOARD OF COlJNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: PAMELA S, MAC'KIE, CHAIRWOMAN AGENOA/TEM No.~~~O L APR 27 1999 -2 - Pg. c:2? .'. f \ \ /' ' OLDE CYPRESS THE WOODLANDS PLANNED UNIT DEVELOPMENT DOCUMENT Exhibit A PREPARED BY: GEORGE L. VARNADOE Young, van Assenderp & Varnadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Amended by: Hole, Montes & Associates, Inc. Date: January 20, 1999 DATE ISSUED: ( DATE REVISED: DATE APPROVED BY CCPC: DATE REVISED: DATE APPROVED BY BCC: ORDINANCE NUMBER: Exhibit "A" AGENOA ITEM No. ./~) / 1 APR 2 7 1999 Pg. t#1 TABLE OF CONTENTS SECTION I, Statement of Compliance SECTION II, Property Ownership & General Description 2.01 Introduction and Purpose 2.02 Name 2.03 Legal Description 2.04 Title to Property 2.05 General Description 2.06 Site Development rl~n Approv~l rroceoo 2.07 Development Regul~tiono SECTION III, Project Development 3.01 Purpose 3.02 General Plan of Development 3.03 Wetlands 3.04 Gp-np-ral Land Dp-vp-lopment Rp-gulations SECTION IV, Land Use and Regulation 4.01 Purpose 4.02 Project Plan & Land Use Tracts 4.03 Project Density 4.04 Sequence and Scheduling 4.05 Recreational Facilities and Schedule 4.06 Native Vegetation Retention 4.07 Common Area Maintenance SECTION V, Golf Course 5.01 Purpose 5.02 Permitted Uses and Structures SECTION VI, Nature Preserve & Wildlife Sanctuary 6.01 Purpose 6.02 Function 6.03 Treatment Use 6.04 Permitted Uses and Structures 6.05 Regulations SECTION VII, Residential 7.01 Purpose 7.02 Maximum Dwelling Units 7.03 General Description 7.04 Permitted Uses and Structures 7.05 Development Standards --. SECTION VIII, Community Shopping & Business Office Center 8.01 Purpose 8.02 Permitted Uses & Structures 8.03 Minimum Yard Requirements 8.04 Building Separation 8.05 Minimum Floor Area of Principal Structures PAGE I-I 11-1 111-1 IV-l V-I VI-l VlI-l VllI-l AGENDA ITEM No. A:2~) / APR 2 7 1999 Pg. -30 8.06 Maximum Height 8.07 Minimum Off-Street Parking & Off-Street Loading Requirements 8.08 Minimum Landscaping Requirements 8.09 Signage 8.10 Site Development Plans 8.11 ~ Development Intensity 8.12 Architectural and Site Design Standards 8.13 Standards for Personal Self Storage Centers SECTION IX, General Development Commitments 9.01 Purpose 9.02 PUD Master Development Plan 9.03 Clearing, Grading, Earth Work & Site Drainage 9.04 Utilities 9.05 Solid Waste Disposal 9.06 Recreational Facilities 9.07 Traffic Improvements 9.08 Streets 9.09 Exceptions to County Subdivision Regulations 9.10 Polling Places 9.11 Environmental Stipulations 9.12 Water Management Stipulations 9.13 Fire Station 9 14 ArcheoJogical Resources IX-1 AGENDA ITEM No. /eP &) / . APR 2 7 199:J Pg. .g I ~ SECTION I .- STATEMENT OF COMPLIANCE This development of approximately 500 acres of property in Section 21, Township 48 South, Range 25 East, Collier County, Florida, as a Planned Unit Development to be known as !f!HE WOODLl\ND8 aIde Cypress will comply with the planning and development obj ecti ves of Collier County as set forth in the Comprehensive Plan. The residential and commercial aspects of the development together with associated recreational facilities will be consistent with the growth policies and land development regulations of the Comprehensive Plan Land Use Element and other applicable documents for the following reasons: 1. Project development will be compatible complimentary to the surrounding land uses. with and 2. The Project shall comply with the applicable zoning and other regulations. 3. The Project shall utilize natural systems for water management, such as existing drainage areas and environmental sensitive areas in accordance with their natural functions and capabilities. 4. The development areas are being well separated from the environmental sensitive areas and the value and functions of the environmental sensitive areas will not be unduly adversely affected by the development. 5. The Density Rating System of the Collier County Growth Management Plan permits up to 4 dwelling units per gross acre, for the subj ect property which is located in the Mixed Use Urban Residential Area. The gross density of 2.2 residential dwelling uni ts per acre for TIlE WOODLMIDS aIde Cypress, therefore, is consistent with the Collier County Growth Management plan density rating system. 6. Improvements are planned to be in compliance with applicable land development regulations as set forth i0 Objective 3 of the Future Land Use Element. 7. The project will be served by a full range of services, including sewer and water by the County resulting in an efficient and economical expansion of facilities as required in policies 3.1H and 3.1L of the Future Land Use Element. 8. The project contains land uses and densities which make it compatible with and complementary to adj acent existing and future land uses, as required by Policy 5.4 of the Future Land Use Element. AGENOA rr'EM No. ./ ~ (g, ) I . - SECTION 1 PAGE 1 APR 2 7 1999 Pg. -2,;2- g The inclusion of persondl storage faciJities and motel/hotel use of the commercidl component of the project mdY be found consistent with PoJicy 5 1 of the Future Ldnd EJement of the Collier County Growth Mandgement because these uses wilJ result in d reductjon in development jntensity. SECTION 1 PAGE 2 AGENDA ITEM No. P0)) APR 2 7~1999 Pg. .33 ______.--:w. SECTION II - PROPERTY OWNERSHIP & GENERAL DESCRIPTION 2.01 INTRODUCTION AND PURPOSE It is the intent of the owner Zlnd proj eet coordinZltor to establish and develop a Planned Unit Development on approximately 500 acres of property located in Collier County, Florida, on the north side of Immokalee Road (C.R. 846), approximately 1.3 miles east of 1-75. It is the purpose of this document to provide the required detail and data concerning the development of the property. 2.02 NAME The development shall be known as THE WOODL1',NDC OLDF. CYPRESS. 2.03 LEGAL DESCRIPTION See attached Exhibit "B". 2.04 TITLE TO PROPERTY The property is owned by the Imffio]cZllee ROZld PZlrtnerohip (beneficiZlI intereot). The proj ect coordinZltor io John WZlnklyn, ...hooe Zlddreoo io 1100 Fifth .7\~venue Couth, Cui te 2 01, ~bpleo , FloridZl 34102 Olde Cypress Development LTD. a Florida Limited Partnership 2.05 GENERAL DESCRIPTION THE WOODLl\NDC Olde Cypress is a Development of Regional Impact I consisting of 500.11 acres, located on the north side of Immokalee Road (CR 846), immediately east of Longshore Lakes PUD and approximately one mile west of CR 951. The project consists of a mix of residential llses, limiten commercial uses. an eighteen (J8) hole golf course, ann substantial areas of open space and preservation areas 2.0 C SITE DEVELOPHENT I'Ll\N ."~I'I'RO'/l\L I'ROCECC Cite Development plZln appro~J"ZlI, .,;rhere required by the LZlnd Development Code, ohZll1 folIo..... the procedure ZlO outlined in the Collier County LZlnd Development Code. 2.07 DEVELOPHENT RECUU~TIONC -, ~. RegulZltiono for development of The Woodlando ohall be in accordance .,;rith the contento of thio I'UD ordinZlnce Zlnd ZlpplicZlble oectiono Zlnd pZlrto of the Collier County LZlnd Development Code (to the extent they are not ineonoiotent ~;ith thio I'UD ordinZlnce) Zlnd AGENDA ITEM No. /~r?lJ J APR 2 7 1999 SECTION II PAGE 1 Pg. 3'/ Cro'.;th Hanagement I'l.::m in development order t .' effect at the time of ioou,::mce a"Eft" . 0 ..h,oh aaid. of any . . rlzeo the conotruction of' regu ;J.tiono rel;J.te '.Jhich llffil tcd to Fin;J.l 8ubdi'" , lffipro'v'emento, ouch ;J.O but E]wavat ion Pcrmit an " 'a ~o~ Plat, Final E i t c Dc"cl not rcgulations fa'il d prch~"'nary Work l.uthori<atio~ oplllcnt Plan, proviaiona of thctolllo;~OVldC. dcvcloplllcntal atanda~daWh~~c thcsc Dcvcloplllcnt Codc ohall lOllllllar diatrict in thc C. tcn thc app y, oun y L;J.nd SECTION II PAGE 2 AGENDA ITEM No. k:l eJ) / APR 2 7 19:J99 Pg. (65 ..._~ .'.~'rT SECTION III PROJECT DEVELOPMENT 3.01 PURPOSE The purpose of this section is to generally describe the project plan of the development and delineate the general conditions that will apply to the entire project. 3.02 GENERAL PLAN OF DEVELOPMENT The general plan of development of TIlE WOODLANDS Olde ryprP-Rs is for a planned residential community carefully integrating a mixture of single family and multi-family dwelling units with a golf and country club, commercial, water recreational facilities, bicycle and jogging trails and preserve areas. 3.03 WETLANDS The applicant recognizes the importance of the wetland areas. The applicant also recognizes the importance of setting aside and not developing those areas and other areas which are environmentally sensitive. The applicant has utilized the best engineering, environmental and planning techniques to integrate the needs of the future residents of the community and the public interest in planning its careful and limited use of environmentally sensitive areas. This plan offers ample open space and other amenity areas to the residents. 3 04 Gp-neral Land Devp-lopment. Rp-g1l1at.ions Thp- following are gp-np-ral proviRions appli~ablp- to t.he PUD MaRt.er Plan: A. Regulat.ionR for dp-vp-lopment of t.hp- Gldp- Cyprp-ss PUD shall be in a~~ordancp- wit.h t.hp- ~ontp-nts of t.hiR dO~llment. the PUD-Planned Unit Dp-velopment. nist.ri~t. and other applicablp- RP-~tions and parts of t.hp- Collier COllnty Lann np-velopment Codp- (LDCl and Growt.h Managp-mp-nt Plan in p-ffp-~t at. t.hp- timp- of iRRuan~p- of any np-velopmp-nt. ordp-r t.o whi~h said rp-glllat.ions relat.p- which authorizp-s thp- ~onstrll~tion of improvp-mentR 'The dp-vp-lopp-r. hiR SllC~P-RROr or aRRignp-p-. agrp-e t.o follow t.he pun MaRter Plan and the reglllationR of t.his PUD aR adopt.p-d and any ot.hp-r ~onditions or modifi~ationR as may bp- agrp-p-d to in the rezoning of t.hp- propp-rt.y In addition any RUCCP-RRor in title or assignep- is sllbjp-~t to the commitmp-ntR within t.his agrp-p-mp-nt. ~. SECTION III PAGE 1 A ITEM No. /.~i) / APR 2 7 1999 Pg. 3/:' LDC ~n e~fer.t i'lt the time of bld lding permi t appllcatJOn. C All condjtion~ i~posed and all gri'lphir. mi'lteriaJ presented deplctlng restrictions for the development of the Old~ Cypre~s pun shi'lll become part of the reg1l1i'ltlons WhlCh govern the mi'lnner in which this site may be developed. D D~velopment .permitted by the i'lpprovi'll of this petjtion wlll .b<: subJect.to a r.onr.urrency review under the provlslons of D1V. 3.15 Adeql1i'lte Public Fi'lcilities of t~e Lnc i'lt the earliest or next to or.r.\lr of either flna~ S~P i'lpprovi'll. fini'll pJi'lt approvi'll. or buildjn permlt lSSUi'lnCe i'lpplir.i'lble to this development g un~ess spec~f~ci'llly waived through i'lny varii'lnce or walver ~rOVJS10nS from i'lny other applici'lble reg1l1a~10ns t~e provisions of those regulations not otherwlse provJded for in this PUD remain in full force and effer.t. E SECTION III PAGE 2 AGENDA ITEM No. .hJ{#) / , ~::;:J SECTION IV LAND USE AND REGULATION 4.01 PURPOSE The purpose of this section is to set forth the land use and regulations for development of the property identified on the master plan. 4.02 PROJECT PLAN & LAND USE TRACTS The project plan, including street lay-out and land use, is illustrated in Exhibit "E", "Master Plan". Included is a schedule of the intended land use types with approximate acreages and maximum dwelling units indicated. Minor variation in acreages shall be permitted at final design to accommodate topography, vegetation and other site conditions. 4.03 PROJECT DENSITY The total acreage of TIlE WOODL1\.ND8 Oldp- CyprP-Rs is approximately 500 acres. The maximum number of dwelling units to be built on the total acreage is 1100. The number of dwelling units per gross acre is approximately 2.20. The density on individual parcels of land throughout the project will vary according to the type of housing employed on each parcel of land. 4.04 SEQUENCE AND SCHEDULING The applicant has not set "stages" for the development of the propertYi however, it is estimated that total build out will take approximately seventeen to twenty years. Exhibi t .\P- indicateD, by phaDe, the eDtimated aboorption of unitD (by unit type) 07er the approximate life of the build out of the project. The estimate may, of course, change depending upon future economic factors. 4.05 RECREATIONAL FACILITIES AND SCHEDULE The following recreational facilities are scheduled to be constructed for the use of the residents of TIlE WOODLl\.ND8 .Q1de Cypress, although some of the facilities may be private in nature and require membership and membership fees. The schedule for development of these facilities relates to the absorption schedule of the project towards build-out. 1. Clubhouse and Golf Course with 18 holes, tennis and related country club facilities (117.41 acres) i 2. Swimming POOli AGENDA ITEM No. k;2UJ) ) . .- SECTION IV PAGE 1 APR 2 7 1999 Pg. ..:'f J> 3. Bicycle paths and sidewalks; 4. Nature trails; 5. Passive recreational uses of wetlands and transitional areas (Preservation 176.2 acres minimum); where allowed by environmental permits 6. Parks (3.9 acres minimum). 4.06 NATIVE VEGETATION RETENTION Pursuant to Policy 6.4.7 of the Conservation and Coastal Management Element, the native vegetation retention requirements for the project, which are twenty-five (25) percent of the gross land area, are deemed to be satisfied by the 172.2 acre preserve, park and wildlife sanctuary, depicted on Exhibit "E" of the general plan of development for TIlE WOODLl\NDC Oldp. Cypress. 4.07 COMMON AREA MAINTENANCE Common area maintenance, including maintenance of commbn facilities, open spaces, preservation areas, and the water management facilities shall be the responsibility of a Property O..;ncr '0 Owners I Association. TABLE I TIlE WOODLl\.ND8 aT ,DR CYPRESS LAND USE SCHEDULE LAND USE TYPE DWELLING UNITS RESIDENTIAL 1,100 Units ACREAGE RESIDENTIAL 133.0 Acres COMMERCIAL (165,OOO sq. ft.)~ 12.5 Acres GOLF AND COUNTRY CLUB, LAKES AND OPEN SPACE 157.8 Acres WETLAND PRESERVE, PARK AND WILDLIFE SANCTUARY 176.2 Acres *See also Section 8.13 of this Ordinance. SECTION IV PAGE 2 AGENOA ITEM No. ~5/ :R ~;:J SECTION V -- GOLF COURSE 5.01 PURPOSE The purpose of this section is to set forth regulations for the area designated on Exhibit "E", "Development Plan", as Golf Course. 5.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, may be erected, altered or used, or land or water used, in whole or in part, of other than the following: A. Permitted Principal Uses and Structures 1. Golf Course 2. Golf Clubhouse and Country Club 3. Water Management Facilities 4. Guest Suites B. Permitted Accessory Uses and Structures 1. Pro-shop, customary accessory uses facilities. practice of golf driving courses or range, other and other recreational 2. shops, golf similar uses country club Small commercial establishments, including gift equipment sales, restaurants, cocktail lounges, and intended to exclusively serve patrons of the golf and or other permitted recreational facilities. 3. Shuffleboard courts, swimming pools, and other types of facilities intended for recreation. 4. Tennis and other racquet sports courts. 5. Maintenance shops and equipment storage. 6. Non-commercial plant nursery. C. General Requirements AGENDA ITEM No. 7~)1 ,. I APR 2 7 1999 - SECTION V PAGE 1 Pg. 4/0 1. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. 2. Buildings shall be set back a minimum of fifty (50) feet from abutting residential districts and twenty five (25) feet from tract boundaries except commercial areas and the set back areas shall be landscaped and maintained to act as a buffer zone. 3. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring property from direct glare or other interference. B. .a...... Maximum Height Fifty (50) feet above the finished grade of the lot. B. th Off-Street Parking The off-street parking will be as required by the Collier County Land Development Code. F. ~ Off-Street Parking Landscaping Landscaping shall be provided as required by the Collier County Land Development Code. e. d...- Storage of Toxic Substances Storage of substances identified on EPA Toxic Substance List shall be in accordance with Section IX hereof. 4. Guest Sujtes a. The density of ~leRt Suites wil] be provided for out. of the t.otal number of dwe]ling units permitted jn the Olde Cypress pun whjch is eleven hundred (1]00) units and shall not exceed twenty- five (25) unjts. b. The mi nimllm unit si ze shall be Rix-hundred (600) Rqllare feet. SECTION V PAGE 2 AGENDA' No. S({J) J . APR 2 7 :J19. 99 Pg. ~/ -. c. The ~lest Suites may be attached to or detached fynm the Club Hnuse and are available for only residents or their gllests. d. The maximum height shall be thirty-five (::is) feet if detached from the Club House. and fifty (~O) feet if contained within the CJub House AGENOA ITEM No. .41!J/ APR 2 7 1999 Pg. ./B - SECTION V PAGE 3 SECTION VI NATURE PRESERVE AND WILDLIFE SANCTUARY 6.01 PURPOSE The purpose of this section is to set forth the function, treatment and use of the Preservation Area designated as such on Exhibit IIEII. 6.02 FUNCTION The primary function shall be the preservation of an attractive resource community, wildlife habitat and sanctuary, retention of water during rainy seasons and a ground recharge area as well as a water quality improvement facility. The area will also provide unique recreational opportunities and an aesthetic experience for the pleasure of project residents. 6.03 TREATMENT USE The treatment of these areas shall be the preservation and protection of flora and fauna with the exception of jogging trails, boardwalks, nature trails, and roadways upon approval by the Development Services Director. Another objective will be to prohibit vehicles and construction equipment, unless specifically approved by the Development Services Director for maintenance, limited access or other required or permitted activity. Removal of obnoxious exotics, ie. Melaleuca, Schinus, and others in accordance with environmental permits and Division 3.9 of the Land Development Code will be required. A maintained water management system that meets the requirement of agency permits will be established for the area. The water management system for the project will restore the historical water levels and water level fluctuations within the current adversely impacted cypress strand. Surface water runoff will be directed through grassed areas and swales into numerous lakes to provide retention and bio-physical scrubbing of pollutants. The lakes will in turn discharge into the natural cypress flow-way which will provide additional retention, filtration and uptake of materials within the water column. [See Water Management plan submitted with this application or as may be revised and/or updated for further details.] The final design and location of roadways and water management berms crossing environmentally sensitive areas shall be approved by the County engineer, Development Services Director I other appropriate County departments, and other governmental Permitting agencies. SECTION VI PAGE 1 AGENOAITEM No. /.:;10)} APR 27 1999 I Pg. L/..3 ~ 6.04 PERMITTED USES AND STRUCTURES No building or structure, or part altered or used, or land or water used, other than the following: thereof, may be erected, in whole or in part, for A. Permitted Principal Uses and Structures 1. Limited access roads. 2. boardwalks. Nature trails and pedestrian and golf cart 3. Paths and bridges to provide access from the uplands through the area. 4. Water management facilities. 5. Other facilities for recreation, conservation and preservation when approved by the Development Services Director. 6.05 REGULATIONS A. General 1. All development including clearing, grading and/or other earth work shall be in accordance with the commitments in Section IX of this document and approved by the Development Services Department. 2. All structures or other development shall subject to receipt of necessary permits and authorizations applicable County, State and Federal Governmental agencies. be from SECTION VI PAGE 2 4GEN041TEM No. Pes)) APR 2 7 1999 Pg. // it' ~- - SECTION VII RESIDENTIAL LAND USE DISTRICT 7.01 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within THE WOODLl'.NDC 0] de Cypress designated on Exhibit "E", PUD Master Plan, as R. 7.02 MAXIMUM DWELLING UNITS A maximum number of 1,100 residential dwelling units may be constructed on lands designated R. 7.03 GENERAL DESCRIPTION Areas designated as R on the PUD Master plan are designed to accommodate a full range of residential dwelling types and compatible non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3 , Division 3.3, and Division 3. 2 respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 7.04 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses & Structures: 1. Single family detached dwellings 2. Single family units as individual structures or as combinations up to and including eight attached units per structure. Such unit types with marketing descriptions of single family attached, duplex, patio, cluster attached, cluster detached, villa attached or detached, townhouses and zero lot lines are permitted. 3. Water management facilities. AGENDA ITEM No. /.0:(/1)/ :R ;999 I SECTION VIr PAGE 1 . L 4. facilities. Parks, open spaces and other recreational outdoor s. 8c.,.etge treettment, l,;et ter treettment etnd '.:etter otoretge. 6.~ Multi-Family Dwellings including Garden Apartments. 7.E...,.. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Model homes and model dwelling units in conjunction with promotion of the development for a period not to exceed three years from the initial use as a model. 3. Temporary sales facilities for the initial sales of units for a specific project as permitted by the Collier County Land Development Code in effect at the time building permits are requested. - 4. Tennis courts, handball and racquetball courts, swimming pools, shuffleboard courts and other similar facilities. 5 . Development requested. Signs Code in as permitted by the Collier County Land effect at the time a building permit is 6. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. 7.05 DEVELOPMENT STANDARDS A. Table II sets forth the development standards for land uses within the "R" Residential District. B. .cite development otetndetrdo for cettegory 1 uoeo etpply to individuetl reoidential lot boundetrieo. Cettegory 2 etnd 3 standetrdo etpply to plettted parcel boundetrieo. - C.~ Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. AGE. NOA ITEM . No. /c?U[)j I APR 2 7 1999 SECTION VII PAGE 2 Pg. 7'" ~ D.~ Development standards for uses not specifically set forth in Table II shall be established during Site Development Plan Approval as set forth in Article 3, Division 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. E.D..... In the case of residential structures with a common architectural theme, required property development regulations may be waived or reduced provided a site plan is approved in accordance with Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to the PUD. F.~ No attached single family homes may be located between two detached single family homes if they are a part of the same platted block. C..E...... Single Family zero lot line dwellings are identified separately from single family detached dwelling with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table II. Zero lot line dwellings shall be defined as any type of detached or attached single family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Collier County Land Development Code Article 2, Division 2.6, Subsection 2.6.27.4.4.1 through Subsection 2.6.27.4.4.3. H. G-. Principal use structures which are identified herein shall have a minimum of two parking spaces per dwelling unit. The Director may permit a 1/2 space per unit to be unpaved when circumstances indicate infrequent use. However, those unpaved spaces shall be left in natural vegetation and reserved for future paving if deemed to be necessary by the Development Services Director. I.~ Landscaping shall be provided as required by Ser.tion 2.4 of the Collier County Land Development Code in effect at the time a building permit is requested. J..L.. A landscaped buffer shall be provided along any tract boundary adj acent to TIm WOODLANDS Olde Cypress proj ect boundary including adjacent to the roadway along the east and west project boundaries. A landscaped buffer is not required along tract boundaries adjacent to internal roadways where a preservation area exists or where the golf course exists. The design of the buffer shall meet the standards of Ser.t ion 2.4.7 of the Collier County Land Development Code in effect at the time building permits are requested. The buffer shall incorporate existing natural vegetation. SECTION VII PAGE 3 must be AGENDA ITEM No. S~)/ . APR 27 1999 I Pg. 41 ~ K.~ Differing housing types on the same tract compatible, unless the following standards are adhered to: 1. The differing housing separated into discrete areas, such amenities or water management areasj or types are as separation physically by common - 2. Landscaping or berms/walls are provided meeting the standards of Division 2.4 of the Collier County Land Development Code. TABLE II THE WOODLANDS DEVELOr!IENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED Y~Eg g nrQLi: FAMILY P.7I..TIO XH1Pl.EX MULTI FAMILY >>m ~TANDARD~ Di:TACRED >>J;J;) VILLJ\.g >>m QARDEN ~ERO r..OT TOWNilOU~E~ APARTK:iN'I'~ ~ KYLTI FAMILY (4 OR HORE :lOW RI~:i CTORIE8) Category ~ -2- 3- 4- Hinimum Lot 6,000 CF 5,000 CF Hfa -3:-A€ Area Hinimum Lot Corner Lot 75 45- Hfa ~ Wi.dth Interior Lot -6-tt I-- Front Yard 73-B- ~... 73-B- .:Jt.YA- Cide Yard -3:-9- -3:-9- .z:" .:Jt.YA- Rear Yard ~ .s.4- .:Jt.... .:Jt.YA- Haximum 4-B-X- ... 3-5 4-B-X- ... .:Jt.4- I3uilding Height Diotance 73-B- -3:-9- .:J::..5---i ~ .:Jt.- I3et".;een Principal Ctructureo Principal 1,000 C.F. 1,000 C.F. 1,000 C.P. .s.:+ Structure Floor Area Hin. (8. F. ) AGENDA ITEM No. 4&) / , SECTION VII PAGE 4 I , APR 2 7 1999 Pg. #p ,- All diotanceo are in feet unleoo other~ioe noted. 1. Single family d'...ellingo \..hich pro'.ride for E (2) parking opaceo '.Ji thin an enclooed garage and pr H :~o :E ~1:leSE J3 l'"L-.' 0 v 1 e -or ar ung otHer than ln private dri He- 'a '0 . , front yard requirement to five (5') feet fo; ~he ma} reduc~ :E':EE (5" garage an- 1 een \1 , feet for the remaining otructureo. 2. Fifty feet from maj or collector roado deoignated the Maot~r Plan, !~enty five feet from tract or developme~~ parcel llneo an?/or from the edge of the gutter or private road,. t'.Jenty fr.re feet or one half the height f th otructure, '.Jhiche'..er io greater, eJCcept that d~tache~ acceooory o~ructureo ohall be oet back t....enty feet or one half the helght, \.hichc-Jer io greater. A principal uoe building ohall be oetback a minimum of feet from t:r-a~t/lot boundarieo and all other uoeo ohall oetbacJc a m1n1mum of 15 feet from tract/lot boundarieo. 4. Zero (a') feet or a minimum of five (5') feet on either oide eJCcept that '...here the zero (0' ) . . feet yard opt1on 10 utilized, the oppooite oide of the otructure ohall have a ten (10') foot yard. Zero (a') feet yardo may b~ uoed on both aideD of a otructure provided that the Oppoo1te ten (10') yard io provided. 3 . 25 be 5. !3uildi;ng heigh.t ohall be vertical diotance meaoured from the flrot habltable finiohed floor ele',ration to th uppermoot finiohed ceiling elc-..ation of the otructure ~ t~e. lot. Acceooory buildingo limited to 15 feet ab:: flnlohed grade. ove 6... F~Ul~. habitable flooro above parking. A maximum of De v en a 1 table f l~oro above parking may be apprmTed to enhanc~ vie~ corrldoro and to permit interface ~ith preoerv c;: areao DO long aD not incompatible '.Jith adj oinin p:opert1eo upon approval of the Development Service; Dlrector th~ou~h a conceptual or final oite de'..elopment plan. B~lldlngo adjacent to the project'o boundar' pro~erty llne on the ~eot ohall be limited to thre~ hab1table flooro above parking. 7. Bet....een any t'.m principal otructureo one fl Dum of their heighto but not Ie DO than 15 feet. alf the 8. Bet'.ieen any t'.m principal otructureo one half the oum of their heighto. Between any t'.lO acceooory otructureo one half .the; oum .of their heighto. In the caoe of c~uotered bU1ld1ngo ....lth common architectural thcmeo the d10tance may be leoo, provided conceptual and/or fina{ oite development plan io approved. / AGENDA ITEM No. p(& / / APR 2 7 1999 SECTION VII PAGE 5 Pg. //9 , - 9. 750 oqu.:::1re feet of living .:::1re.:::1 per d',,'elling unit within princip.:::1l otructure. SECTION VII PAGE 6 AGENDA ITEM No. prE) L APR 2 7 1999 PI. sO TABLE II DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED USES SINGLE ZERO LOT TWO SINGLE MULTI.. AND STANDARDS FAMILY LINE FAMILY & F AMIL Y FAMILY DETACHED DUPLEX ATTACHED DWELLING AND TOWNHOUSE Minimum Lot Areas 6,000 S.F. 5,000 S.F. 3,500 S.F.\11 3,000 S.F. per 1 AC duo Minimum Lot 60 45 35 30 150 Width(2) Front Yard Setback 25P) 20\~1 20P} 20 25 Side Yard'-" 5 \'+} 0 or 10 o or 5 o or .5 BH o or .5 BH Setback Rear Yard 20 10 20 20 25 Setback Principal Rear Yard 10 5 10 10 10 Accessory(3) Maximum Building 35 35 35 35 45'1) Height Distance Between N.A. N.A. N.A. 10 .5BH Structures Floor Area Min. (SF) 1200 1200 1200 1000 600 BH = Building Height 1. Each half of a duplex unit requires a lot area allocation of thirty-five hundred (3,500) square feet for a total minimum of seven thousand (7,000) square feet. 2. Minimum lot widths may be reduced by twenty (20) percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. 3. Accessory uses such as pool enclosures may be attached to principal uses. 4. Where the zero (0) foot yard option is utilized, the opposite side of the structure shall have a ten (10) foot side yard. Zero (0) foot yards may be used on either side of a structure provided that the opposite ten (10) foot side yard is provided. r~AG~NDAilt.M , No. /d~1 SECTION VIr PAGE 7 APR 2 7 1999 Pg. 6/ ~ , 1..'":..:;-.,.-.....~~.0Ii:1..:~ 5. Singly family dwellings which provide for two (2) parking spaces within an enclosed side-entry garage and provide for guest parking other than private driveways may reduce front yard requirements to ten (10) feet for the garage and twenty (20) feet for the remaining structures. - 6. Building height shall be the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line or a Mansard roof and to the mean height level between the eaves and the ridge of gable, hip and gambrel roofs. Accessory buildings shall be limited to twenty (20) feet above grade. . 7. F our habitable floors above parking. A maximum of seven habitable floors above parking may be approved to enhance view corridors and to permit interface with preserve areas so long as not incompatible with adjoining properties upon approval of the Development Services Director through a conceptual or Final Site Development Plan. Buildings adjacent to the project boundary property line on the west shall be limited to three habitable floors above parking. ,-. .,.--. SECTION VII PAGE 8 l--~AGiNoA ITEM No. /~ / APR 2 7 1999 1 l.;-;...-,- -.'.-~":;.-'.;'':'''~~:'.,_. .....,...~ Pg. 5~ 8.01 PURPOSE SECTION VIII COMMUNITY SHOPPING AND BUSINESS OFFICE CENTER The purpose of this section is to set forth the plan and regulations for the areas designated on Exhibit "E" Development Plan as Community Shopping and Business Office Center ("C"). 8.02 PERMITTED USES & STRUCTURES No building or structure, or part thereof, may be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Uses I. 2. 3 . 4. 5 . 6. 7. 8 . 9. 10. ll. 12. 13. 11.- 15. 16. 17. 18. 19. 20. 2l. 22. 23. 24- 25. 26. 27. 28. 29. 30. 3l. 32. 33. 31.. 35. Antique ohopo ~ppli~nce btoreo Art otudioo nrt oupply ohopo Automobile oervice ot~tiono D~leery ohopo Demko and financi~l inotitutiono D~rber ~nd be~uty ohopo D~th oupply otorco Bicycle o~leo ~nd oervice Doole otore3 Carpet o~leo not including otor~ge or inot~ll~tion Child care center oubject to oite pl~n ~pproval Clothing otoreo Cockt~il loungeD Confectionery ~nd c~ndy otoreo Delic~teooeno Dr~pery ohopo Drug otoreo Dry goodo otoreo Floriot ohopo Food H~rleeto Furniture otoreo Cift ohopo CoIf equipment and oupplieo CoIf driving r~nge Courmet ohop H~rd.;~re otoreo He~lth food otoreo ~nd he~lth f~cilitieo Hobby oupply otoreo Ice cream otoreo Interior decor~ting oho".;roomo ~nd office Je.;elry otoreo L~undrieo Liquor otoreo .~- AGt:NDA Ilt.M--' No. k;)(LI) SECTION VIII PAGE 1 APR 2 7 1999 Pg. .5..3 36 . Loclcomi th 37. Medic~l clinico 38. Millinery ohopo 39. Muoic otoreo 40. Officeo, gcner~l and profeooion~l 41. Office Dupply otoreo 42. P;lint noo- .;~llp~per otoreo 43. Pet ohopo ~nd oupplieo 44. Photogr~phic equipment otoreo 45. Poot office 46. Radio and tele~ioion o~leo ~nd service 47. Reot~ur~nto 48. Shoe o;lleo ;lnd rep;liro 49. Shopping centers SO. Souvenir otoreo 51. St~tionery otoreo 52. Tailor ohopo 53. Tile oaleo cer~mic tile 54. Tob;lcco ohopo 55. Toy ohopo 56. Tropical fioh otoreo 57. V;lriety otorco 58. Veterin;lry office & clinico (no outoide Kenneling) 59. Watch ;lnd precioion inotrument rep;lir ohopo 60. I'.,.ny other commerci;ll uoe or profeooion;ll oerv"ice \;hich io comp~r;lble in n;lture \;ith the foregoing uoeo and '..hich the Director determineo to be comp;ltible in the diotrict. C1. W;lter ffi;ln;lgement f;lcilitieo ] . All commp-rci a 1 URes permi ttp-d by ri ght in thp- C-3. Commercial Intp-rmediate DiRtrict of thp- Sp-ction 2 2.14 of thp- Land Dp-vp-lopmp-nt Codp- in effp-ct aR of thp- date thiR pun iR approvp-d. including a perRonal RP-l f Rtoragp- cp-ntp-r group (4.225) ann hotp-l Rand motp-1R groups (7.011. 7.021. and 7.041). 2 Any othp-r commp-rcia lURe or profP-SRi onal RP-rvi ce wh i ch i R comparabl e in natllrp- wi th thp- forp-goi ng useR and which the Devp-lopment Sp-rvi ces Di rp-ctor finds compatiblp- within thp- niRtrict. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures associated with the uses permitted in this district. customarily 2. Temporary sales/information permitted at the Director's discretion. facilities may be ..--- t....._._.~'.'... ...-...-,.' AGENDA ITEM No. /~JJ APR 2 7 1999 Pg. 61' SECTION VIII PAGE 2 8.03 MINIMUM YARD REQUIREMENTS Buildings shall be set back a minimum of 35 feet from all roadways and tract boundaries. ^ buffer ~re~ of ~t le~ot 10 feet oh~ll be m~int~ined bet\:een p~r]cing ~re~o ~nd ~ny ro~d\:~yo. 8.04 BUILDING SEPARATION All buildings shall be separated 20 feet or one-half of their heights whichever is greater except that in the clustered buildings with a common architectural theme. distances may be less provided that a site development approved by the Dp.vp.lopment Servir.es Director. the sum case of These plan is 8.05 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES One thousand square feet per building on the ground floor except that free standing specialty structures of nationally recognized standard size less than one thousand square feet shall be permitted when site development plan approval has been received. 8.06 MAXIMUM HEIGHT 50 feet above finished grade of lot. 8.07 MINIMUM OFF-STREET PARKING & OFF-STREET LOADING REQUIREMENTS As required by the Land Development Code of Collier County. 8.08 MINIMUM LANDSCAPING REQUIREMENTS As required by Sp.r.tion 2.4 of the Land Development Code of Collier County. 8.09 SIGNAGE Signs as permitted by Sp.r.tion 2.5 of the Collier County Land Development Code in effect at the time a permit is requested. 8.10 SITE DEVELOPMENT PLANS As required by Division 1 1 of the Land Development Code of Collier County. 8 11 DEVELOPMENT INTRNSTTY A. Thp. r.ommercia1 r.omponent of the project is 1imited to a maximum of 12 5 acres or one hundred and sixty-five thousand (165.000) S F. of floor area. (Sp.p' also Section 8.13 of this Ordinance.) A ITEM No. ,.&2(LJ ) . I units pp.r ar.rp. SECTION VIII PAGE 3 APR 27 1999 Pg. 6~ - 8.12 ARCHITECTURAL AND SITE DESIGN STANDARDS All dp-velopment within the r.ommp-rcjal arp-a of Olde Cypress as depicted on thp- PUD Master Plan shall bp- unified for p-ar.h trar.t inr.luding building dp-signs. landsr.aping. and signagp- and shall mep-t thp- requj rements of Di visj on 2 8 of thp- T,and Development Code. 8.13 STANDARDS FOR PERSONAlr SELF STORAGE CENTERS A. For p-ar.h ar.re or frar.tion thp-rp-of that is devp-lopp-d with personal storage far.jlitJP-s in lieu of retail uses. a proportional amount of retaj] arp-a shall bp- forfp-j tp-d For examplp-. if six (6) acres of personal storagp- far.jlities are developed in lip-ll of rp-tail llSP-S. sp-venty nine thousand two hundrp-d (79.200) S F. of retail uses will be dp-dur.tp-d from the maxi mum sqlJarp- footagp- pp-rmi ttp-d for thp- r.ommp-rcj al retajl arp-a B. Personal sp-lf storagp- faciIitip-s may operatp- from 7,00 a m and 8,00 p.m. C. Individual businessp-s withjn thp- pp-rsonal self storagp- center are prohjbited - D Opp-n spacp- within thp- sp-If storagp- r.entp-r shall bp- thjrty (30) pp-rr.p-nt minjmum E Thp- location of the pp-rsona] storagp- far.ility shall be limitp-d to the wp-st sidp- of thp- entrance jnto thp- r.ommp-rcial tract and shall bp- locatp-d to thp- rp-ar of r.ommp-rr.jal uses fronting along Immokalee Road and south of the Presp-rve area lor.ated on the Olde Cyprp-ss PUD Mastp-r Plan. This lor.ation wj]l servp- to mjnimi7.e any impar.ts on adjar.p-nt propp-rtjp-s r' AGENDA ITEM No. ..h?r/.? ) / . SECTION VIII PAGE 4 APR 2 7 1999 A;'/ Pg. ~... , . ..:r_~.-..:.-a;, -..a;o.... SECTION IX GENERAL DEVELOPMENT COMMITMENTS 9.01 PURPOSE The purpose of this section is to set forth the standards for development of the project. 9.02 PUD MASTER DEVELOPMENT PLAN A. The PUD Master Plan and the Development Plan illustrate a preliminary development plan. B. The design, criteria and lay-out illustrated in the Master Plan and Development Plan shall be understood as flexible so that the final design may comply with all applicable requirements and best utilize the existing natural resources. C. All necessary easements, dedications or other instruments shall be executed or granted to insure the continued operation and maintenance of all service utilities. D. Minor design changes which are in the spirit of this document are permitted subject to staff review and approval. Staff shall review any proposed change for compliance with this PUD document I compliance with the general intent of the Master Plan, compatibility with surrounding uses, and maintenance of the preservation areas. R. Amendments to thi s Grdi nance and P1ID Master Pl an shall be made punmant to Sect ion 2 7.3 5 of the ColI i er County LDC in effect at the time sllch amendments may be reqllested. E. E...... Overall site design shall be harmonious in terms of landscaping and enclosure of structures, location of all improved facilities and location and treatment of buffer areas. F.~ To protect the integrity of the Planned Unit Development, the access roads may be private roads as shown on the Development Plan which may be protected by a guard house or other limited access structure with the exception of temporary construction roads necessary to construct and build certain facilities on the project. c.~ Water management facilities and lakes shall be only the size and depth required to meet the needs of the developer for fill on the property or as required for water management and water quality purposes. The developer shall use the material excavated from these lakes as fill as needed on the site for road, building and general site grading. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Land Development Code Section 3.5.7.3.1. AGri:AOAITEM-- No.~), SECTION IX PAGE 1 APR 27 1999 , .\r~v::",.~~.--::a~~~~ Pg. SJ I. The Olde CypreRs pun shall be subject to Section /..7 1.4 of the LDC. Time 1.i mi t s for Approved PTID Master Pl anR and Sect j on ? 7 1 6. thereof Monitoring Requjrements 9.03 CLEARING, GRADING, EARTH WORK & SITE DRAINAGE All clearing, grading, earth work and site drainage shall be performed in accordance with all applicable state and local codes. Environmentally sensitive areas and protected plant species will be carefully marked and protected during construction usj:ng the best available management techniques so as not to harm any such areas or plants. 9.04 UTILITIES A. Water and Sewer 1. Water distributions and sewage collection and transmission systems will be constructed throughout the proj ect development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County I s minimum requirements at which time they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant to appropriate County Ordinances and Regulations in effect at the time conveyance or transfer is requested, prior to being placed into service. 2. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. 3. All customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in et pooition to pro',ride ..Jetter etnd/or oc...er oerv"ice to the proj ect, the ....etter and/or oewer cuotomero ohall be cuotomero of the interim utility eotetbliohed to oerve the project until the County'o off oite \Jetter and/or oe',Jer facilitieo arc et',railable to oerve the project. Division 4. will It is anticipated ultimately supply that the County potable water to Utilities , eet...~~ITEM No. /~(?J) J APR 2 7 1999 Pg. 5t ;-- SECTION IX PAGE 2 ~~II""=~ ::-""'.. ",,,:,~-~,.i consumptive demand and/or receive and treat the sewage generated by this project. Should the County oyotem not be in ~ pooition to oupply potCtble '..Ctter to the proj ect ~nd/ or recei ';e the proj ect I 0 ir..~ote'.i~ter ~t the time dc;elopment commenceD, the Dc;eloper, at hiD expenoe I irdll inot~ll ~nd operCtte interim '.;~ter oupply ~nd on oite tre~tment fCtcilitieo ~nd/or interim on oite oc-.J~ge tre~tment ~nd diopoo~l f~cilitieo Ctdequ~te to meet all requiremento of the appropri~te regul~tory ~gencies. 5. An Agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors, legally acceptable to the County, prior to the approval of construction documents for the proposed project, state that: ~) The propooed ir;~ter oupply ~nd on oite tre~tment f~cilitieo ~nd/or on oite ~Ctote~Ctter tre~tment ~nd diopoo~l f~cilitieo, if required, Ctre to be conotructed ~o p~rt of the propooed project ~nd muot be reg~rded ~o interim, they oh~ll be conotructed to St~te and Feder~l otCtndCtrdo ~nd ~re to be oir;ned, oper~ted ~nd m~intained by the Developer, hiD aooigno or oucceoooro until ouch time ~D the County'o off oite ~ater f~cilitieo and/or off oite oc.;er f~cilitieo ~re ~vail~ble to oer~ice the project. The interim treatment f~cilitieo oh~ll oupply oerviceo only to thoDe lCtndo ~ppro~ed by the County for development. The utility f~cility (ieo) m~y not be e}(p~nded to pro'Jide '.;~ter ~nd/or oeir;er oervice outoide the development boundary appro'Jed by the County irlithout the ....ritten conoent of the County. b) Upon connection to the County'o off oite '.J~ter f~cili tieD, ~nd/or oc-..er f~cili tieD, the Developer, hie ~ooigno or oucceoooro oh~ll ~bandon, diom~ntle ~nd remove from the oite the interim ....ater Ctnd/or oel,;~ge tre~tment fCtcility ~nd diocontinue uoe of the ....~ter Dupply oource, if applicable, in ~ m~nner conoiotent '.lith St~te of Florid~ otCtnd~rdo. All ir.'OrJc rel~ted l,;ith thio ~cti'Jity oh~ll be performed ~t no coot to the County. c)al Connection to the County's off-site water and/or sewer facilities will be made by the owners, the assigns or successors at no cost to the County '.;ithin 180 d~yo ~fter ouch f~cilitieo become ~v~il~ble. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off-site facilities, water and/or sewer lines necessary to make the connection{s), etc. d) b.l At the time County off oite ....ater ~nd/or oeir.'er f~cilitieo Ctre ~'J~ilCtble for the project to connect '.iith, the following water and/or sewer facilities shall be conveyed to the County pursuant to appropriate County ordinanres AUSwa ITEM . Regulations in effect at the time: No.'/~~) i APR 27 199~ SECTION IX PAGE 3 ~ ~ Pg. 67 1) All water and/or sewer facilities constructed in publicly owned rights-of-way or within utility easements required by the County within the project limits and those additional facilities required to make connection with the County's off-site water and/or sewer facilitiesi or 2) All .:Clter Clnd oC...er fClcilitieo required to connect the proj ect to the County '0 off oi te ."Clter Clnd/ or oe.ler fClcilitieo '.,Then the on oite ,,,Qter Clnd/or oc.,Ter fClcilitieo arc conotructed on pri~Clte property Clnd not required by the County to be locClted ~.ithin utility eaoemento, including but not limited to the follo'.,Ting. a) 2l Main sewage lift station and force main interconnecting with the County sewer facilities including all utility easements necessarYi c) The cuotomero oer~ed on an interim ba.oio by the utility oyotem conotructed by the De~eloper ohClll become cuotoffiero of the County .,Then County '."Clter Clnd/or oC...er f;):cilitieo Clre ClvClilable to oerve the proj ect Clnd ouch connection io ffiClde. Prior to connection of the proj ect to the County '0 ..Qter Clnd/or oe.,Ter fClcilitieo the De~eloper, hio Clooigneeo, or oucceoooro ohall turn over to the County a complete liot of the cuotomero oer~ed by the interim utilitieo oyotem Clnd ohClll not compete ,,Tith the County for the oervvice of thooe cuotomero. The De~eloper ohClll Clloo pro..-ide the County ....ith Cl detCliled in~entory of the fClcilitieo oer.-ed '.Jithin the project Clnd the entity .Jhich ....ill be reoponoible for the ~"Qter and/or oc.Jer oervice billing for the project. f)~ All construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. g)dl The Developer, his assigns or successors agree to pay all system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time of Permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. - h) The County Clt ita option mClY leCloe for operation Clnd fflaintenClnce the ~"Clter diotribution Clnd/or oe'.:a.ge collection Clnd tranomiooion oyotem to the project Developer or hio Clooigno for the oum of $10.00 per yeClr. Termo of the leaoe ohClll be determined upon completion of the propooed utility conotruction Clnd prior to Clcti '.-ation of the '.,TClter oupply, treCltment Clnd diotribution fClcilitieo. The Leaoe, if required, ohClll remClin in effect until the County pro..-ide ....Clter Clnd/or oC.,'er oervice Co A ffl:M No. /b1rAJ) SECTION IX PAGE 4 APR 27 1999 Pg. bO .;D.ter and/or oe..'er oervice agreemento are negotiated .lith the interim utility oyotem oer~ing the project. 13. Data required under County Ordinance No. 80 112 oho',ling the ;:rv~ailabi~i~y. of oe~;a~e. oervi~e, muot be oubmi tted and appro~ed b)r the Utllltleo D1VlOlon prlor to approval of the conotruction documento for the project. Developer ohall oubmit a copy of the appro'v~ed DEI' permi to for the oC',;age collection and tranomiooion oyotemo and the ',iaOter.,rater treatment facility to be utilized, upon receipt thereof. C, If an interim on oi te ',later oupply, treatment and tranomiooion facility io utilized to oerve the propooed project, it muot be properly oized to oupply a'..erage and peak day domeotic demand, in addition to fire flm; demand at a rate approved by the appropriate Fire Control Diotrict oervicing the project area. D. vlhen the County haD the ability to provide oe./age treatment and diopooal and/or ..'ater oupply and diotribution oerviceo, the Developer, hiD aooigno or oucceoooro ;;ill be reoponoible to connect to theoe facilitieo at a point to be mutually agreed upon by the County and TIlE WOODLl\NDS or,mer, ',;ith TIlE WOODLAl'ID8 aoouming all cooto for the connection '.,lork to be performed. E . B..... The proj ect 's Owner (s), his ass igns or successors shall negotiate in good faith with the County for the use of treated sewage effluent within the project limits, for irrigation purposes. The Owner would be responsible for providing all on- site piping and pumping facilities from the County I s point of delivery to the project and negotiate with the County to provide full or partial on-site storage facilities, as required by the DEP, consistent with the volume of treated wastewater to be utilized TIlE WOODLl\lIDS 01 de Cypn~ss has first rights to effluent generated by the project. F. The County may require, and the de~eloper agreeD to furnioh a oite up to 2 acreo in oize for 2 PL G. otorage tank and re pump facility at a mutually agreeable location. The County haD until January 1, 1990 to notify the o',mer if the oi te ',;ill be required. The o~ner ohall oet aoide the oite for County uoe. In the e'..ent the tank and/or re pump facilitieo ha...e not been inotalled by 1995, the County ohall relinquioh ito intereot in the oite. It io underotood that the County may require TIlE WOODLl\NDS to inotall a '.;ater otorage tank on oite if County .mter facilitieo are not available at the time occupancy of the development haD commenced. Should the County deoire to overoize theoe f.:lcilitieo in anticipation of future demando and grm;th ..;hen the County'o water facilitieo are a~ailable to oerve the project, the County ohall negotiate a oatiofactory method of reimburoement to the de~eloper for ouch overoizing. AGENDA ITa No. k;1 rLf'./ I APR 2 7 1999 Pg. bl SECTION IX PAGE 5 ..'1;."t'.=-~.::...,._:..... ~~_~ .. C.:C....- Construction and ownership of the water and sewer facilities, including any propoocd intcrim 'y;.:ltcr .:md/or OC'ii.'l1gc trC.:ltmcnt f.:lcilitico, shall be in compliance with all Utilities Division Standards, Policies, Ordinances, etc. in effect at the time construction approval is requested. - II. ~ A detailed hydraulic design report covering the water distribution system to serve the project must be submitted with the construction documents for the project. The report shall list all design assumptions, demand rates and other factors pertinent to the system under consideration. 9.05 SOLID WASTE DISPOSAL Necessary arrangements and agreements shall be made with an approved solid waste disposal service to provide for solid waste collection service to all areas of the project. 9.06 RECREATIONAL FACILITIES The nature trails, bike paths, and other recreational areas and facilities and access thereto shall be maintained by a home owners association. In addition, any future recreational facilities, as may be needed by the future residents of this project, shall be funded through a system of revenues collected by the home owners association. Every residential unit owner of the - development shall become a member of the home owners association. 9.07 TRAFFIC IMPROVEMENTS a. The proposed primary road wi thin the proj ect shall be classified and built to County Subdivision requirements for a minor collector. b. The PUD document, section 9.02-G, states that the roads may be private. The road through the commercial area may possibly be designated public providing all design requirements and stipulations of the Engineering Department are complied with at time of design and construction. c. The project shall be provided with three (3) access points to Immokalee Road. d. All access roads/drives shall be limited to the access points shown on the master plan. The proposed commercial areas shall not have direct access to Immokalee Road. All drives shall be connected to the access roads built by this project. e. All traffic control devices used, excluding street name signs, shall conform with the MUTCD (Chapter 316.0747 I Florida Statutes) . - f. started, If the the four developer laning shall of Immokalee Road has provide an eastbound GC: ef~. ~~~)I APR 2 7 1999 SECTION IX PAGE 6 Pg. In~ storage lane and a westbound deceleration lane at each proj ect entrance before any certificates of occupancy are issued. g. The developer shall provide a fair share contribution toward the capital cost of a traffic signal at any project entrance when deemed warranted by the County Engineer. The signals shall be owned, operated and maintained by Collier County. h. The developer shall provide arterial level street lighting at each project entrance. The operating and maintenance costs of these units shall be assumed by Collier County. i. The north-south local road on the western side of the project shall be constrained to a two lane (sixty foot (60') right of way) configuration over the north half of the project. 9.08 STREETS The streets wi thin the proj ect may be privately owned and maintained. The access streets which cross environmentally sensitive (permit required) areas will be minimized in width to reduce impacts on the environment upon approval of the County Engineer and the Development Services Department. Typical sections are attached as Exhibit "G". 9.09 SUBSTITUTIONS TO COUNTY SUBDIVISION REGULATIONS A. Land Development Code, Section 3.2.8.3.19: Street name signs shall be approved by the County Engineer but need not meet U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street pavement painting, striping, and reflective edging requirements shall be waived, except at entrances. B. Land Development Code, Sections 3.2.8.3.17, 3.2.8.3.18, and 3.2.8.4.16: Street right of way and cross-section for specified private roads shall be as shown on Exhibit "G"; provided that a sidewalk or bikepath be provided on both sides of four lane roads and the "primary" road shall meet subdivision requirements for a minor collector. C. Land Development Code, Section 3.2.8.4.16: The 1,000 feet maximum dead-end street length requirement is waived. D. Land Development Code, Section 3.2.8.4.16: Back of curb radii at street intersections shall be a minimum of 30 feet for local roads only. E. Land Development Code, Section 3.2.8.4.16: The requirement for 100 feet tangent sections between reverse curves of streets will be waived if agreed upon by the County Engineer and the Development Services Department. F. Land Development Code, Sections 3.2.8.3 3.2.8.4.20: The requirement for blank utility casings SECTION IX PAGE 7 APR 2 7 1999 Pg. 63 '''--- ......--;..:.::I...-~y. waived except at entrances, subject to installation of utilities prior to street construction. G. Land Development Code, Sections 3.2.8.3.11, 3.2.8.4.10, and 3.2.8.4.23: The requirement that PRM's be installed in typical water valve cover is waived. H. Right -of -Way requirements shall be determined in accordance with the general requirements of Division 3.2 Subdivisions, however, road right-of-way widths less than the typical requirements may be approved based on appropriate technical justification that insures that the public 'health, safety, and welfare will be maintained at the time of Application for Subdivision Master Plan. 9.10 POLLING PLACES Polling Places shall be provided in accordance with Collier County Land Development Code, and as may be amended in the future. 9.11 ENVIRONMENTAL STIPULATIONS A. Petitioner shall be subject to the County's Groundwater Protection Ordinance. B. Prior to commencement of construction, the perimeter of the protected wetlands and buffer zones shall be staked and roped to prevent encroachment into the preserve areas identified in the South Florida Water Management District Permit, subj ect to the approval of the South Florida Water Management District (SFWMD) and Collier County Development Services staff. The staking and roping shall remain in place until all adjacent construction activities are complete. C. Wetland preservation/mitigation areas, upland buffer zones, and/or upland preservation areas shall be dedicated as conservation and common areas in conservation easements as well as on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes, provided that said covenants shall not conflict with South Florida Water Management District Permit No. 11-01232S. D. Development shall be pursuant to the existing South Florida Water Management District Permit No. 11-01232S, and u.S. Army Corps of Engineers Permit No. 1989909601PMN. Any amendments to these Permits shall be subject to review and approval by Current Planning Environmental Review Staff. E. Buffer zones adj acent to the preserve areas shall be pursuant to South Florida Water Management District Permit No. 11- 01232S. ("' SECTION IX PAGE 8 AGENDA ITEM No. /cP(dJ / . APR 2 7 1999 Pg. h~ ..._.."-.o;;~ F. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final site plan/construction plan approval. Such plan shall be consistent with the requirements of Division 3.9 of the Collier County Land Development Code (CCLDC) and South Florida Water Management District Permit No. 11-01232S. G. Replacement and mitigation plantings shall be randomly spaced and/or clumped at the densities quoted in The Woodla.ndo Oldp- Cyprp-ss Onsite Wetland Mitigation and Monitoring plan (SFWMD Phase I Construction), to emulate a more natural environment. 9.12 WATER MANAGEMENT STIPULATIONS A. Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Water Management Advisory Board and County Engineer. B. Construction of all water management facilities shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. C. An Excavation Permit will be required for the proposed lakes in accordance with Collier County Land Development Code. D. Storage of hazardous materials in aboveground and underground tanks shall conform to the minimum requirements provided in F.A.C. 17-61. For the purpose of this stipulation, hazardous materials are defined as those materials addressed in the EPA's Toxic and Controlled Substance list. A Spill Prevention Control and Countermeasure Plan for all above storage and underground tanks shall be approved by the Water Management Director and Development Services Director, considering recommendations from the Environmental Science and Pollution Control Department Director. E. Construction acti vi ties on this proj ect shall be coordinated with construction contracts to implement improvements to the Cocohatchee Canal (CR 846 Borrow Canal) by the developer in accordance with the recommendations of the 1981 Gee and Jenson Hydrologic Report No. 2420, prepared for the Big Cypress Basin Board. Said canal improvements shall be limited to the canal reach along Section 21, Township 48 South, Range 26 East and two (2) designated farm crossings in Section 20 unless previously completed by other parties. F. When required by the County, the developer agrees to contribute his fair share on a pro-rata tributary area/run-off volume basis to implement the canal improvements to s remainder of the Cocohatchee Canal watershed. AGENDA 1"fEw No./~. SECTION IX PAGE 9 APR 2 7 1999 Pg. /'5. ~-,""---~~ 9.13 FIRE STATION Prior to issuance of any building permits, a serving this project must be operating within five the project. 9.14 ARCHEOLOGICAL RESOURCF.S fire station (5) miles of The Cleve 1 oper sha 1 J be subj ect to Sect ion ? ? 2S 8 1 of tne LDC pertaining to archE"ologicaJ YE"sourcE"S in tnE" event such reSOllrces arE" locateCl on the subject propE"rty. ,- SECTION IX PAGE 10 AGENO~ ITEM No. /o:l~) / APR 2 7 1999 PI. hI, .! , \ J) . OLDE CYPRESS THE WOODLANDS PLANNED UNIT DEVELOPMENT DOCUMENT Exhibit A PREPARED BY: GEORGE L. VARNADOE Young, van Assenderp & Varnadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Amended by: Hole, Montes & Associates, Inc. Date: January 20, 1999 DATE ISSUED: ( DATE REVISED: DATE APPROVED BY CCPC: DATE REVISED: DATE APPROVED BY BCC: ORDINANCE NUMBER: Exhibit "A" rAGENOA nn , No. /~G~f) I AFR 2 7 1999 Pg. t, 1 SECTION VIII, Community Shopping & Business Office Center 8.01 Purpose 8.02 Permitted Uses & Structures 8.03 Minimum Yard Requirements 8.04 Building Separation 8.05 Minimum Floor Area of Principal Structures TABLE OF CONTENTS SECTION I, Statement of Compliance SECTION II, Property Ownership & General Description 2.01 Introduction and Purpose 2.02 Name 2.03 Legal Description 2.04 Title to Property 2.05 General Description 2.06 Citc Dcvclopmcnt rl~n ~pproval rroccoo 2.07 Dcvclopmcnt Rcgulutiono SECTION III, Project Development 3.01 Purpose 3.02 General Plan of Development 3.03 Wetlands 3.04 Gp-np-ral T.;:md Dp-vp-lopment Rp-g-1l1atjonR -- SECTION IV, Land Use and Regulation 4.01 Purpose 4.02 Project Plan & Land Use Tracts 4.03 Project Density 4.04 Sequence and Scheduling 4.05 Recreational Facilities and Schedule 4.06 Native Vegetation Retention 4.07 Common Area Maintenance SECTION V, Golf Course 5.01 Purpose 5.02 Permitted Uses and Structures SECTION VI, Nature Preserve & wildlife Sanctuary 6.01 Purpose 6.02 Function 6.03 Treatment Use 6.04 Permitted Uses and Structures 6.05 Regulations SECTION VII, Residential 7.01 Purpose 7.02 Maximum Dwelling Units 7.03 General Description 7.04 Permitted Uses and Structures 7.05 Development Standards I PAGE I-I 11-1 111-1 IV-l V-I VI-l VlI-l VllI-1 AGENDA ITEM No. /$~)J , APR 2 7 1999 Pg. bt 8.06 Maximum Height 8.07 Minimum Off-Street Parking & Off-Street Loading Requirements 8.08 Minimum Landscaping Requirements 8.09 Signage 8.10 Site Development Plans 8.11 ~ Development IntenRity 8 12 Arch; tectllral and Site DeR; gn StandardR 8 13 StandardR for PerRonal SeJf Storage Centers SECTION IX, General Development Commitments 9.01 Purpose 9.02 PUD Master Development Plan 9.03 Clearing, Grading, Earth Work & Site Drainage 9.04 Utilities 9.05 Solid Waste Disposal 9.06 Recreational Facilities 9.07 Traffic Improvements 9.08 Streets 9.09 Exceptions to County Subdivision Regulations 9.10 Polling Places 9.11 Environmental Stipulations 9.12 Water Management Stipulations 9.13 Fire Station 9 14 ArcheoJog;cal Resources IX-1 AGENOA ITEN No. ./~)I APR 2 7 1999 Pg. 6Cf SECTION I STATEMENT OF COMPLIANCE This development of approximately 500 acres of property in Section 21, Township 48 South, Range 25 East, Collier County, Florida, as a planned Unit Development to be known as ~ WOODLMIDS 0] ne Cypress will comply with the planning and development objectives of Collier County as set forth in the Comprehensive Plan. The residential and commercial aspects of the development together with associated recreational facilities will be consistent with the growth policies and land development regulations of the Comprehensive Plan Land Use Element and other applicable documents for the following reasons: 1. proj ect development will be compatible complimentary to the surrounding land uses. wi th and 2. The Project shall comply with the applicable zoning and other regulations. 3. The Project shall utilize natural systems for water management, such as existing drainage areas and environmental sensitive areas in accordance with their natural functions and capabilities. 4. The development areas are being well separated from the environmental sensitive areas and the value and functions of the environmental sensitive areas will not be unduly adversely affected by the development. 5. The Density Rating System of the Collier County Growth Management Plan permits up to 4 dwelling units per gross acre, for the subj ect property which is located in the Mixed Use Urban Residential Area. The gross density of 2.2 residential dwelling units per acre for THE WOODLMIDS Olde CypresR, therefore, is consistent with the Collier County Growth Management Plan density rating system. 6. Improvements are planned to be in compliance with applicable land development regulations as set forth i~ Objective 3 of the Future Land Use Element. 7. The project will be served by a full range of services, including sewer and water by the County resulting in an efficient and economical expansion of facilities as required in Policies 3.1H and 3.1L of the Future Land Use Element. 8. The project contains land uses and densities which make it compatible with and complementary to adjacent existing and future land uses, as required by Policy 5.4 of the Future Land Use Element. ~ AGENOA ITEM No. /~ftI) L APR 2 7 1999 Pg. 10 SECTION 1 PAGE 1 9. 'T'hR inclusion of pRrsonaJ storagR facilitiRs and motp.l/hotR~ usp. of.thR commRrcial component of thp. projRct may bR found Cor:slstent wlth Policy S.l of the Future L<'3nd ElemRnt of thR c.o]~]er c.ounty.Gro~th M<'3nagRmRnt bRcausR thesR uses will result In a n~ductlon 1n devRlopment intensity AGENDA ITEM No. ,#~j I APR 2 7 1999 ~ SECTION 1 PAGE 2 Pg. 1/. SECTION II PROPERTY OWNERSHIP & GENERAL DESCRIPTION 2.01 INTRODUCTION AND PURPOSE It is the intent of the owner ~nd proj ect coordinator to establish and develop a Planned Unit Development on approximately 500 acres of property located in Collier County, Florida, on the north side of Immokalee Road (C.R. 846), approximately 1.3 miles east of 1-75. It is the purpose of this document to provide the required detail and data concerning the development of the property. 2.02 NAME The development shall be known as THE WOODLANDS or.nR CYPRRSS. 2.03 LEGAL DESCRIPTION See attached Exhibit liB II . 2.04 TITLE TO PROPERTY -- The property is owned by the Iffiffio]mlee no~d I'artnerohip (benefici~l intereot). The proj ect coordin~tor io John WanJclyn, \ihooe ~ddreoo io 1100 Fifth A'."enue South, Suite 201, U~pleo, Florida 34102 alne Cypress neve 1 opment urn. a F] nri na T.; mi ten Partnership. 2.05 GENERAL DESCRIPTION THE WaODLMrDS alde Cypress is a Development of Regional Impact, consisting of 500.11 acres, located on the north side of Immokalee Road (CR 846), immediately east of Longshore Lakes POD and approximately one mile west of CR 951. The prnjer.t r.nnsists nf a mix nf residential llses. limited r.nmmerr.;a] llses. an eighteen (18) hnle gn]f r.nurse. and substantial areas nf npen spar.e and preservat;nn areas. 2.0C SITE DEVELaI'HENT I'Lllli l'.rrRaVAL I'ROCESS Si te Developffient plan appro,..~l, ....here required by the Land Development Code, ohall follo~ the procedure ao outlined in the Collier County Land De_elopffient Code. 2.07 DEVELOrHENT RECUU.TImlS ~ h. Regulationo for development of The Woodlando ohall be in accordance '.d th the contento of thio roo ordinance and applic~ble oectiono and p~rto of the Collier County Land Developffient Code (to the extent they are not inconoiotent \,Jith thio roo ordin<1nce) and AGENDA ITEM No. /,f,riD if APR 2 7 1999 SECTION II PAGE 1 Pg. 7), Orm;th HClnClgeffient rlCln in effect Clt the time of ioouClnce of any develo!?ment order to .;hich oClid regulationo relClte -..hich Cl~t~orlzeo t~e conotr~c~i?n of improvemento, ouch clO but not llffilted. to Fln:::l Cubdlvlolon rlat, FinCll .cite DCv'elopment rlCln E)(Ca~,rClt~on rerm~t Clnd rreli~inary Worle: l\.uthorizCltion. Where theo~ regu~a~lono fClll to provlde developmental otClndClrdo then the provlolono of the moot oimilar diotrict in the County LClnd Development Code ohClll Clpply. { AGENDA ITEM ., No. _/~~) 1 SECTION II PAGE 2 AP~ 2 7 1999 \ Pg. 75 ~ ......- SECTION III - PROJECT DEVELOPMENT 3.01 PURPOSE The purpose of this section is to generally describe the project plan of the development and delineate the general conditions that will apply to the entire project. 3.02 GENERAL PLAN OF DEVELOPMENT The general plan of development of TIlB WOODLMIDC:: Olde Cypress is for a planned residential community carefully integrating a mixture of single family and multi-family dwelling units with a golf and country club, commercial, water recreational facilities, bicycle and jogging trails and preserve areas. 3.03 WETLANDS ,- The applicant recognizes the importance of the wetland areas. The applicant also recognizes the importance of setting aside and not developing those areas and other areas which are environmentally sensitive. The applicant has utilized the best engineering, environmental and planning techniques to integrate the needs of the future residents of the community and the public interest in planning its careful and limited use of environmentally sensitive areas. This plan offers ample open space and other amenity areas to the residents. 3.04 General r.and Development:. Regul at; ()TIS The following are general provisions applicable to the P1ID Master PIRn. A Regulations for development of the alde Cypress P1ID shall be in a~~ordRn~e with the contents of this dO~llment, the P1ID- p] anned Uni t Development ni st ri ~t and other appli~ahle se~t:.ions and parts of the Collier County Land Development Code (r.nC) and Growth Management Plan in effe~t at the time of issuance of any development order to which SRid regulations relate whi~h authorizes the constru~tion of improvementA The developer. his su~~eAAor or assignee. agree to follow the pun Master Plan and the reglllRtionA of this pun as adopted and any other ~onditions or modificat;onA RS may be agreed to in the rezoning of the property. In Rddition. Rny suc~essor in title or assignee is Allbject to the ~ommitments within this agreement (' B ~~~~~Sh:t~~~w~::en~~~~het~:f1~r~7~~~O~~tO~Q;;~ ~~~~I ~ t (~ : -: 1999 SECTION III PAGE 1 ~ t_c.,~~~~77" TDC ~n e~fect at the time of building permit appllcatlon. All condition~ imposed and all graphic material presented deplcting restrictions for the development of the Old~ Cypre~s Plill shall become part of the regulatlons WhlCh govern the manner in which this site may be developed. C D~velopment.permitted by the approval of this petition Wl 11 . b~ sub) ect . to a concurrency rev; ew lmder the provlslons of nlV :i 1S Adequate Public Facilities of tI:e LDC at the earliest or next to occur of either flna~ SI?P approval. -:inal plat approval, or building permlt lSSllance appllcable to this nevelopment. un~ess spec~f~cally waiven t:hrough any variance or walver prOV1SJOnS from any other applicable regula~ions, tI:e provisions of those regulations not otherWlse provlded for in this Plill remain in full force and effect: D F, SECTION III PAGE 2 AGENDA I1'EtI No. /.f tV , - APR 27 1999 //6 Pg. SECTION IV LAND USE AND REGULATION 4.01 PURPOSE The purpose of this section is to set forth the land use and regulations for development of the property identified on the master plan. 4.02 PROJECT PLAN & LAND USE TRACTS The project plan, including street lay-out and land use, is illustrated in Exhibit "E", "Master Plan". Included is a schedule of the intended land use types with approximate acreages and maximum dwelling units indicated. Minor variation in acreages shall be permitted at final design to accommodate topography; vegetation and other site conditions. 4.03 PROJECT DENSITY The total acreage of TIlE WOODLA1lD.s 0] de CypreAR is approximately 500 acres. The maximum number of dwelling units to be built on the total acreage is 1100. The number of dwelling units per gross acre is approximately 2.20. The density on individual parcels of land throughout the project will vary according to the type of housing employed on each parcel of land. -- 4.04 SEQUENCE AND SCHEDULING The applicant has not set "stages" for the development of the property; however, it is estimated that total build out will take approximately seventeen to twenty years. 13xhibi t }~F- indicClteo, by phaoe, the eotiffiClted aboorption of unito (by unit type) over the approximClte life of the build out of the proj ect. The estimate may, of course, change depending upon future economic factors. 4.05 RECREATIONAL FACILITIES AND SCHEDULE The following recreational facilities are scheduled to be constructed for the use of the residents of THE WOODLA1lDC Qlde CypreAA, although some of the facilities may be private in nature and require membership and membership fees. The schedule for development of these facilities relates to the absorption schedule of the project towards build-out. 1. Clubhouse and Golf Course with 18 holes, tennis and related country club facilities (117.41 acres); 2. Swimming paoli r- AGENDA ITEM No. /c:;(&) / APR 2 7 1999 Pg. 7t SECTION IV PAGE 1 3. Bicycle paths and sidewalks; 4. Nature trails; 5. Passive recreational uses of wetlands and transitional areas (Preservation 176.2 acres minimum); where allowed by environmental permits 6. Parks (3.9 acres minimum). 4.06 NATIVE VEGETATION RETENTION Pursuant to Policy 6.4.7 of the Conservation and Coastal Management Element, the native vegetation retention requirements for the project, which are twenty-five (25) percent of the gross land area, are deemed to be satisfied by the 172.2 acre preserve, park and wildlife sanctuary, depicted on Exhibit "E" of the general plan of development for THE WOODL1\NDC OJdp- Cyprp-sR. 4.07 COMMON AREA MAINTENANCE Common area maintenance, including maintenance of common facilities, open spaces, preservation areas, and the water management facilities shall be the responsibility of a Property O'.mer 10 Ownp-rR I Association. TABLE I TIlE WOODLl\ND8 OLDE CYPRF.SS LAND USE SCHEDULE LAND USE TYPE DWELLING UNITS RESIDENTIAL 1,100 Units ACREAGE RESIDENTIAL 133.0 Acres COMMERCIAL (165,000 sq. ft.)~ GOLF AND COUNTRY CLUB, LAKES AND OPEN SPACE 12.5 Acres 157.8 Acres WETLAND PRESERVE, PARK AND WILDLIFE SANCTUARY 176.2 Acres *See also Section 8.13 of this Ordinance. AGENDA ITEM No. .~). AP~ 2 7 1999 SECTION IV PAGE 2 Pg. //? SECTION V .- GOLF COURSE 5.01 PURPOSE The purpose of this section is to set forth regulations for the area designated on Exhibit "E", "Development Plan", as Golf Course. 5.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, may be erected, altered or used, or land or water used, in whole or in part, of other than the following: A. Permitted Principal Uses and Structures 1. Golf Course 2. Golf Clubhouse and Country Club 3. Water Management Facilities 4 Guest Ruitp-s B. Permitted Accessory Uses and Structures 1. Pro-shop, customary accessory uses facilities. practice of golf driving courses or range, other and other recreational 2. shops, golf similar uses country club Small commercial establishments, including gift equipment sales, restaurants, cocktail lounges, and intended to exclusively serve patrons of the golf and or other permitted recreational facilities. 3. Shuffleboard courts, swimming pools, and other types of facilities intended for recreation. 4. Tennis and other racquet sports courts. 5. Maintenance shops and equipment storage. 6. Non-commercial plant nursery. C. General Requirements /'"'"" AGENDA ITEM No. /~~JJ APR 2 7 1999 SECTION V PAGE 1 I ! Pg. 19 ;,.......,..,.~- -- 1. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. 2. Buildings shall be set back a minimum of fifty (50) feet from abutting residential districts and twenty five (25) feet from tract boundaries except commercial areas and the set back areas shall be landscaped and maintained to act as a buffer zone. 3. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring property from direct glare or other interference. B. a.... Maximum Height Fifty (50) feet above the finished grade of the lot. E. b..... Off-Street Parking The off-street parking will be as required by the Collier County Land Development Code. F. .c........ Off-Street Parking Landscaping Landscaping shall be provided as required by the Collier County Land Development Code. e. d..... Storage of Toxic Substances Storage of substances identified on EPA Toxic Substance List shall be in accordance with Section IX hereof. 4. GURst Ru:ites a The density of Guest Ruites w:ill bR provided for out of the total number of dWRlling units pRrm:itted in the alde ~ypress PIll which :is Rleven hundrRd (1100) units and shall not excRed tWRnty- fivR (/.5) units. b The minimum unit si7.e shall be six-hundred (600) sqllarR fRet. SECTION V PAGE 2 - -~- "AC;ENDA ITEM NO.-;/c:2(&) I f-.P~ 2 7 1999 Pg. 7q ..~ c. .- The Guest Ruites may be attached to or detached from the Club HouRe and are availab]e for on]y reRidents or thejr gllestR d The maximum height Rhall be thjrty-five (1S) feet. if detached from the Club HOllse. and fjfty (50} feet if contained within the Club HonRe -, ,..--, SECTION V PAGE 3 rAGENOA n'EM ~ No. ~)/ ~ i tJ':i 2 7 1999 , Pg. ?O 1 SECTION VI NATURE PRESERVE AND WILDLIFE SANCTUARY 6.01 PURPOSE The purpose of this section is to set forth the function, treatment and use of the Preservation Area designated as such on Exhibit "E". 6.02 FUNCTION The primary function shall be the preservation of an attractive resource community, wildlife habitat and sanctuary, retention of water during rainy seasons and a ground recharge area as well as a water quality improvement facility. The area will also provide unique recreational opportunities and an aesthetic experience for the pleasure of project residents. 6.03 TREATMENT USE The treatment of these areas shall be the preservation and protection of flora and fauna with the exception of jogging trails, boardwalks, nature trails, and roadways upon approval by the Development Services Director. Another objective will be to prohibit vehicles and construction equipment, unless specifically approved by the Development Services Director for maintenance, limited access or other required or permitted activity. Removal of obnoxious exotics, ie. Melaleuca, Schinus, and others in accordance with environmental permits and Division 3.9 of the Land Development Code will be required. A maintained water management system that meets the requirement of agency permits will be established for the area. The water management system for the project will restore the historical water levels and water level fluctuations within the current adversely impacted cypress strand. Surface water runoff will be directed through grassed areas and swales into numerous lakes to provide retention and bio-physical scrubbing of pollutants. The lakes will in turn discharge into the natural cypress flow-way which will provide additional retention, filtration and uptake of materials within the water column. [See Water Management Plan submitted with this application or as may be revised and/or updated for further details.] The final design and location of roadways and water management berms crossing environmentally sensitive areas shall be approved by the County engineer, Development Services Director, other appropriate County departments, and other governmental Permitting agencies. SECTION VI PAGE 1 ,~- . -AG'::~A rrT No. )f(~, f.PR : 7 1999 .. ~" &>/ 6.04 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, may be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Limited access roads. 2. boardwalks. Nature trails and pedestrian and gol~ cart 3. Paths and bridges to provide access from the uplands through the area. 4. Water management facilities. 5. Other facilities for recreation, conservation and preservation when approved by the Development Services Director. 6.05 REGULATIONS A. General - 1. All development including clearing, grading and/or other earth work shall be in accordance with the commitments in Section IX of this document and approved by the Development Services Department. 2. All structures or other development shall subject to receipt of necessary permits and authorizations applicable County, State and Federal Governmental agencies. be from -- AGENDA ITEM No. ~} J APR 2 7 1999 SECTION VI PAGE 2 Pg. f~ SECTION VII RESIDENTIAL LAND USE DISTRICT 7.01 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within TIlE WOODLMID.s 0] dp. Cyprp.RR designated on Exhibit "E", PUD Master Plan, as R. 7.02 MAXIMUM DWELLING UNITS A maximum number of 1,100 residential dwelling units may be constructed on lands designated R. 7.03 GENERAL DESCRIPTION Areas designated as R on the PUD Master Plan are designed to accommodate a full range of residential dwelling types and compatible non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 7.04 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses & Structures: 1. Single family detached dwellings 2. Single family units as individual structures or as combinations up to and including eight attached units per structure. Such unit types with marketing descriptions of single family attached, duplex, patio, cluster attached, cluster detached, villa attached or detached, townhouses and zero lot lines are permitted. 3. Water management facilities. AGENDA ITEtJI No. k~ (({, APR 2 7 1999 SECTION VII PAGE 1 Pg. )?.3 4. facilities. Parks, open spaces and other recreational outdoor s. Ce\J.'Clge treatment, \,'Clter treCltment Clnd r.later otorClge. c.~ Multi-Family Dwellings including Garden Apartments. 7.:6....... Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Model homes and model dwelling units in conjunction with promotion of the development for a period not to exceed three years from the initial use as a model. 3. Temporary sales facilities for the initial sales of units for a specific project as permitted by the Collier County Land Development Code in effect at the time building permits are requested. -- 4. Tennis courts, handball and racquetball courts, swimming pools, shuffleboard courts and other similar facilities. 5. Development requested. Signs Code in as permitted by the Collier County Land effect at the time a building permit is 6. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. 7.05 DEVELOPMENT STANDARDS A. Table II sets forth the development standards for land uses within the "R" Residential District. B. Cite development otClndardo for category 1 uoeo apply to individuClI reoidentiClI lot boundarieo. CCltegory 2 Clnd 3 otandardo apply to plCltted pClrcel boundClrieo. C.~ Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. .-. AGENDA ITEM No. /.,:)1/3') J APR 2 7 1999 Pg. ~ij' SECTION VII PAGE 2 D.~ Development standards for uses not specifically set forth in Table II shall be established during Site Development Plan Approval as set forth in Article 3, Division 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. B.I:L.. In the case of residential structures with a common architectural theme, required property development regulations may be waived or reduced provided a site plan is approved in accordance with Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to the PUD. F.~ No attached single family homes may be located between two detached single family homes if they are a part of the same platted block. C.:E..- Single Family zero lot line dwellings are identified separately from single family detached dwelling with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table II. Zero lot line dwellings shall be defined as any type of detached or attached single family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Collier County Land Development Code Article 2, Division 2.6, Subsection 2.6.27.4.4.1 through Subsection 2.6.27.4.4.3. II.G...... Principal use structures which are identified herein shall have a minimum of two parking spaces per dwelling unit. The Director may permit a 1/2 space per unit to be unpaved when circumstances indicate infrequent use. However, those unpaved spaces shall be left in natural vegetation and reserved for future paving if deemed to be necessary by the Development Services Director. I.~ Landscaping shall be provided as required by Sp-ct.ion ? 4 of the Collier County Land Development Code in effect at the time a building permit is requested. J.L A landscaped buffer shall be provided along any tract boundary adj acent to THE WOODLl\NDS Oldp- CyprP-Rs proj ect boundary including adjacent to the roadway along the east and west project boundaries. A landscaped buffer is not required along tract boundaries adjacent to internal roadways where a preservation area exists or where the golf course exists. The design of the buffer shall meet the standards of Section 2 4 7 of the Collier County Land Development Code in effect at the time building permits are requested. The buffer shall incorporate existing natural vegetation. K.~ Differing housing types on the same tract must be compatible, unless the following standards are adhered to: SECTION VII PAGE 3 :("~~AGENDA n'f" - 'I i Nu.~ 'I t.?~ 2 7 1999 ",. Pr!.._E?S 1. The differing housing separated into discrete areas, such amenities or water management areas; or types are . as separation physically by common 2. Landscaping or berms/walls are provided meeting the standards of Division 2.4 of the Collier County Land Development Code. TABLE I I THE WOODL1\NDS DEVELOl?!mN'l' S'l'ANDJ\lU)S FOR RESIDENTIAL AREAS PERX:ITTEJ;) USES SnrGLE ~AKIl.Y PATIO J;)YPl.:iX WItTX n..HXI..Y >>m STAmJARDS I)ETACHED >>m VILI..AS >>11) CJ\.IWlii:ll ~ERO LOT TOWNHOUSES APARTHi:NTS ~ Kt1LTI FAHI:&SY (~ OR HORE LOW RISE CTORIES) Catcgory -3:- ~ ~ 4- ~Hniffium Lot 6,000 SF 5,000 CF H-/-a -3:-Ae Mea ~1.iJ.limum Lot Corncr Lot 75 45 H-/-a ~ r '-a Intcrior Lot -6-& Front Yard ~ ~* ~ :Z.-;J. Sidc YClrd M M :Z.-~ :Z.-;J. RCClr YClrd ~ :Z.-4- :Z.-~ :Z.-;J. ~1Cl}{imum 4-e-=E- ~ -3-5 4-e-=E- ~ :Z.-4- Building Hcight DiotClncc ~ M -3:-5---:Z. !> :Z.-'" Bct..iccn I'rincipClI Ctructurco I'rincipClI 1,000 C.F. 1,000 S.F. 1,000 C.F. :z.-:;' Structurc Floor ArcCl Hin. (C. F. ) AGENDA ITEM No. TC:;C~ J / APR 2 7 1999 Pg. R6 ,- SECTION VIr PAGE 4 All diotanceo arc in feet unleoo otherwioe noted. 1. . .single family d'..ellingo ',.hich pro~v'ide for t'lt/Q (2) park.lng op~ceo \lithin an enclooed garage and pro~;ide for gueot parklng c:ther than in pri ~Jate dri ',fe\iayo m;).y reduce f:ont yard requlrement to fi~e (5') feet for the garage a d flfteen (15') feet for the rem;).ining otructureD. n 2. Fifty feet from maj?r collector roado deoignated on the Haot<?r rlan, /t...enty flve feet from tract or development parcel llneo an~for from the edge of the gutter or private road, t\/enty fl ve feet or one half the height of th otructure, ~Jhichever io greater, except that detache~ acceoDory otructureo ohall be oct back. t\;enty feet or on half the height, \;hichever io greater. e A principal uo/e building oh;).ll be oetback a minimum of feet from t~;).~tflot boundarieo and ;).11 other uoeo ohall oetback a mlnlmum of 15 feet from tr;).ct/lot boundarieo. 4. Zero (0 I) feet or a minimum of fhre (5') feet on ei ther oide eJCcept that .ihere the zero (0') E eet yard option io utilized, the oppooite oide of the otructure Dhall have a ten (10') foot yard. Zero (0') feet yarde may be uDed on both oideo of a otructure pro~ided that the oppooite ten (10') yard io provided. 3. 25 be 5 . Duildi~g height ohall be vertical diotance ffieaoured from the fl~o~ habita~l? finiohed floor elc.Tation to the uppermoot flnlohed celllng ele~,fation of the otrueture of t~e. lot. Aeceooory buildingo limited to 15 feet above flnlohed grade. 6. Four. habitable flooro above parJcing. !'~ ma::lc1mum of oeven habltable flc:orD above parking may be approved to enhance vie.. corrldoro and to permit interface ..ith preoerv~ areao DO long aD not incompatible .lith adjoining p:opertleo upon appro~al of the Development .servieeo Dlrector t.h~ou~h a co~ceptual or final oite de~,felopment plan. B~lldlngo adJacent to the projeet'o boundary pro~erty Ilne on the weot ohall be limited to three habltable flooro above parking. 7. Bet....een any t..."O principal otructureo one half the Dum of their heighto but not leoo than 15 feet. 8. Bet.....een any t..."O princip;).l otructureo one half the Dum of their heighto. Bet.Jeen any t.,."O acceooory otructureo one half the Dum of their heighto. In the caoe of c~uotered buildingo .."ith common architectural themeo, the dlotance may be leoo, provided conceptual and/or final oite development plan io approved. SECTION VII PAGE 5 ~ ~ 1 ~ ~ " AGENDA n'Eht No. ,/.,2 ~ t.rR 2 7 1999 Pg. R1 -- .- 9. 750 oquare feet of li~.ring urea per d\..elling unit within principal otructure. SECTION VII PAGE 6 AGENDA ITEM No./~&./ APR 27 1999 Pg. g>C' TABLE II DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS 3,000 S.F. per duo Minimwn Lot 60 45 35 30 150 Width(2) Front Yard Setback 25 20 20 25 Side Yard 5 o or 5 o or .5 BH o or .5 BH Setback Rear Yard 20 10 20 20 25 Setback Principal Rear Yard 10 5 10 10 10 Accessory(3) Maximwn Building 35 35 35 35 45 Height Distance Between N.A. N.A. N.A. 10 .5BH Structures Floor Area Min. (SF) 1200 1200 1200 1000 600 BH = Building Height 1. Each half of a duplex unit requires a lot area allocation of thirty-five hundred (3,500) square feet for a total minimum of seven thousand (7,000) square feet. 2. Minimum lot widths may be reduced by twenty (20) percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. 3. Accessory uses such as pool enclosures may be attached to principal uses. 4. Where the zero (0) foot yard option is utilized, the opposite side of the structure shall have a ten (10) foot side yard. Zero (0) foot yards may be used on either side of a structure provided that the opposite ten (10) foot side yard is provided. AGENDA I~ No. ht <Ll APR 2 7 1999 Pg. f Cj SECTION VII PAGE 7 5. Singly family dwellings which provide for two (2) parking spaces within an enclosed side-entry garage and provide for guest parking other than private driveways may reduce front yard requirements to ten (10) feet for the garage and twenty (20) feet for the remaining structures. 6. Building height shall be the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line or a Mansard roof and to the mean height level between the eaves and the ridge of gable, hip and gambrel roofs. Accessory buildings shall be limited to twenty (20) feet above grade. 7. Four habitable floors above parking. A maximwu of seven habitable floors above parking may be approved to enhance view corridors and to permit interface with preserve areas so long as not incompatible with adjoining properties upon approval of the Development Services Director through a conceptual or Final Site Development Plan. Buildings adjacent to the project boundary property line on the west shall be limited to three habitable floors above parking. .- SECTION VII PAGE 8 AGENDA ITEM No. /c:fg)j APR 2 7 1999 Pg. qrj -- ( SECTION VIII COMMUNITY SHOPPING AND BUSINESS OFFICE CENTER 8.01 PURPOSE The purpose of this section is to set forth the plan and regulations for the areas designated on Exhibit "E" Development plan as Community Shopping and Business Office Center ("C"). 8.02 PERMITTED USES & STRUCTURES No building or structure, or part thereof, may be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Uses 1. hntique ohopo 2. ^ppliance otoreo 3. l\rt otudioo 4. ^rt oupply ohopo 5. ^utoffiobile oer;ice otationo 6. Bakery ohopo 7. Banko and financiul inotitutiono 8. Barber and beauty ohopo 9. Bath oupply otoreo 10. Bicycle Daleo and oervice 11. Book otoreo 12. Carpet Daleo not including otorage or inotallation 13. Child care center oubject to oite plan approval 1i. Clothing otoreo 15. Cocktail loungeD 16. Confectionery and candy otoreo 17. Delicatcooeno 18. Draperf ohopo 19. Drug otorco 20. Dry goodo otoreo 21. Floriot ohopo 22. Food Harketo 23. Furniture otoreo 21.. Cift ohopo 25. CoIf equipment and oupplieo 26. CoIf driving range 27. Courmet ohop 28 . Hard..,.are otoreo 29. Health food otoreo and heulth facilitieo 30. Hobby oupply otoreo 31. Ice cream otoreo 32. Interior decorating oho',;roomo and office 33. Je'.Jelry otoreo 34. Laundrieo A~~, J5. Liquor otoreo / ~ No. /0 APR 2 7 1999 SECTION VIII PAGE 1 Pg. q/ - 36 . LocJcomi th 37. Hedical clinico 38. Hillinery ohopo 39. Huoic otoreo 40. Officeo, general and profeooional 41. Office oupply otoreo 42. raint and wallpaper otoreo 43. ret ohopo and oupplieo 4~. rhotographic equipment otoreo 45. root office ~C. Radio ~d televioion Daleo and oervice 47. Reotauranto 48. Shoe Daleo and repairo 49. Shopping centero . 50. Sou~enir otoreo 51. Stationery otoreo 52. Tailor ohopo 53. Tile Daleo ceramic tile 54. Tobacco ohopo 55. Toy ohopo 56. Tropical fioh otoreo 57. Variety otoreo 58. Veterinary office & clinico (no outoide Kenneling) 59. Watch and precioion inotrument repair ohopo 60. !my other commercial uoe or profeooional oervice \.hich io cOFflparable in nature ',:ith the foregoing uoeo and \,Thich the Director determineD to be compatible in the diotrict. C1. Water FRanagement facilitieo 1 AlJ commercial uses permitted by right in the C-3, Commercia} Intermediate District of the Rection 2.2.14 of the Land Development Code in effect as of the date this PUD is approved. including a personal self storage center group (4. ??tj) and hotels and motels groups (7.011. 7,021. and 7.041) :2 Any other commercia 1 use or professional servi ce which is comparable in nature with the foregoing uses and which the Deve} opment Rervi ces Director finds compatible within the district B. Permitted Accessory Uses and Structures 1. Accessory uses and structures associated with the uses permitted in this district. customarily 2. Temporary sales/information facilities may be permitted at the Director's discretion. .-. AGENDA ITEM No. /c:2 (6) / APR 2 7 1999 SECTION VIII PAGE 2 Pg. q ;l 8.03 MINIMUM YARD REQUIREMENTS Buildings shall be set back a minimum of 35 feet from all roadways and tract boundaries. ~ buffer area of at leaot 10 feet ohall be maintained bet',,reen parking areao and any roadT,;a.yo. 8.04 BUILDING SEPARATION All buildings shall be separated 20 feet or one-half of their heights whichever is greater except that in the clustered buildings with a common architectural theme. distances may be less provided that a site development approved by the Development Services Director. the sum case of These plan is 8.05 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES One thousand square feet per building on the ground floor except that free standing specialty structures of nationally recognized standard size less than one thousand square feet shall be permitted when site development plan approval has been received. 8.06 MAXIMUM HEIGHT 50 feet above finished grade of lot. 8.07 MINIMUM OFF-STREET PARKING & OFF-STREET LOADING REQUIREMENTS As required by the Land Development Code of Collier County. 8.08 MINIMUM LANDSCAPING REQUIREMENTS As required by Sect ion ?. 4 of the Land Development Code of Collier County. 8.09 SIGNAGE Signs as permitted by section 2 S of the Collier County Land Development Code in effect at the time a permit is requested. 8.10 SITE DEVELOPMENT PLANS As required by Division ~ ~ of the Land Development Code of Collier County. 8 1J DRVRT.OPMRNT IN'l'RNSTTY A The commercial component of the project is limited to a maximum of 1? I:) acres or one hundred and sixty-five thousand (161:).000) S F of floor area (See also Section 8 J~ of this Ordinance) uni t s per acre. No. SECTION VIII PAGE 3 Pg. q.3 8 1? ARCHITRCTIffiAL AND STTR DRSTGN STANDARDS All dp-velopment within thp- commp-rc;al arp-a of Oldp- Cyprp-ss as dp-pictp-d on the pun Mastp-r Plan shall bp- unifip-d for p-ach tract including building designs. landscaping. and signagp- and shal 1 mp-p-t thp- rp-qu i rements of Di vi s ion ? 8 of the Jland Dp-velopmp-nt Codp- 8 13 STANDARDS FOR PERSONAl, SRrlF STORAGE CRNTERS A For p-ach acrp- or fraction thp-rp-of that is devp-loped with personal storagp- facilities in lip-u of retail usp-s. a proportional amount of rp-tail arp-a shall be forfeitp-d. For p-xample. if six (6) acres of pp-rsonal storagp- facilities are dp-veloped in lieu of retail uses. seventy ninp- thousand two hundrp-d (79.200) S F of retail usp-s will bp- dp-ductp-d from thp- maximum sqJlarp- footagp- permittp-d for the commercial retail area. R Personal sp-lf storage facilitip-s may operatp- from 7:00 a m and 8,00 p m. C. Ind i vidlla 1 businp-ssp-s wi thi n the personal sel f storage center are prohibited D Opp-n space within the sp-If storagp- centp-r shall be thirty (30) pp-rcent minimum. R The location of the pp-rsonal storagp- facility shall bp- limitp-d to the wp-st side of the p-ntrance into thp- commp-rcial tract and shall be locatp-d to the rp-ar of commp-rcial uses fronting along Tmmokalep- Road and srnlth of thp- Prp-sp-rvp- area locatp-d on thp- Olde Cyprp-ss PIll Master Plan This location will sp-rvp- to minimi7.p- any impacts on adjacent propp-rties. -. I SECTION VIII PAGE 4 AGENDA IJEM No. :t;2(L!) / , toPR 2 7 1999 i Pg. q~ SECTION IX GENERAL DEVELOPMENT COMMITMENTS 9.01 PURPOSE The purpose of this section is to set forth the standards for development of the project. 9.02 PUD MASTER DEVELOPMENT PLAN A. The PUD Master Plan and the Development Plan illustrate a preliminary development plan. B. The design, criteria and lay-out illustrated in the Master Plan and Development Plan shall be understood as flexible so that the final design may comply with all applicable requirements and best utilize the existing natural resources. c. All necessary easements, dedications or other instruments shall be executed or granted to insure the continued operation and maintenance of all service utilities. D. Minor design changes which are in the spirit of this document are permitted subject to staff review and approval. Staff shall review any proposed change for compliance with this PUD document, compliance with the general intent of the Master Plan, compatibility with surrounding uses, and maintenance of the preservation areas. R. Amp.nnmp.ntR to thiR Ordinr:lncp. r:lnn P1ID Mr:lRtp.r Plr:ln shr:lll hp. mr:lnp. pUrRUr:lnt to Sect ion ? 7 3 S of thp. CoIl i p.r County T,DC in p.ffect r:lt thp. time Ruch r:lmp.nnmp.nts mr:lY hp. rp.~leRtp.n 13..E...... Overall site design shall be harmonious in terms of landscaping and enclosure of structures, location of all improved facilities and location and treatment of buffer areas. F.~ To protect the integrity of the Planned Unit Development, the access roads may be private roads as shown on the Development Plan which may be protected by a guard house or other limited access structure with the exception of temporary construction roads necessary to construct and build certain facilities on the project. c.~ Water management facilities and lakes shall be only the size and depth required to meet the needs of the developer for fill on the property or as required for water management and water quality purposes. The developer shall use the material excavated from these lakes as fill as needed on the site for road, building and general site grading. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Land Development Code Section 3.5.7.3.1. AGewAI No. /cMA'J SECTION IX PAGE 1 APR 27 1999 Pg. Cl-.5 I. The 01 de Cypress P1ID sha] 1 be subj ect to Sec;t ion ? 7 ~. 4 of the J,DC. 'rime r.i.mi ts for Approved Plm Master P1 ans and Recti on 2 7 3 6. thereof Monitoring ReTlirements. 9.03 CLEARING, GRADING, EARTH WORK & SITE DRAINAGE All clearing, grading, earth work and site drainage shall be performed in accordance with all applicable state and local codes. Environmentally sensitive areas and protected plant species will be carefully marked and protected during construction using the best available management techniques so as not to harm any such areas or plants. 9.04 UTILITIES A. Water and Sewer .- 1. Water distributions and sewage collection and transmission systems will be constructed throughout the. proj ect development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership I operation and maintenance purposes. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County's minimum requirements at which time they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant to appropriate County Ordinances and Regulations in effect at the time conveyance or transfer is requested, prior to being placed into service. 2. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. 3. All customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a pooition to provide .;ater and/or oe\.er oervice to the proj ect, the \mter and/or oe~er cuotomero ohall be cuotomero of the interim utility eotabliohed to oerve the project until the County'o off cite \Jater and/or oe',;er facilitieG arc available to oerve the proj ect. Division 4. will It is anticipated ultimately supply that the County potable water to Ut;j-' maet ~ I ~ i No. A ITEM .I;1Ui) / - SECTION IX PAGE 2 APR 27 1999 L~_- Pg. 9'6 consumptive demand and/or receive and treat the sewage generated by this project. Should the County oyotem not be in a pooition to oupply potable '1;ater to the project and/or recei~e the project' 0 \Jaote,..ater at the time development commenceo, the De~..eloper, at hiD expenoe, ',Jill inotall and operate interim ,later oupply and on oite treatment facilitieo and/or interim on oite oe~Qge treatment and diopooal facilitieo adequate to meet all requiremento of the appropriate regulatory agencieo. 5. An Agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors, legally acceptable to the County, prior to the approval of construction documents for the proposed project, state that: a) The propooed .....ater oupply and on oite treatment facilitieo and/or on oite \Jaote',J;:1ter treatment and diopooal facilitieo, if required, arc to be conotrueted aD part of the propooed project and muot be regarded ao interim, they ohall be conotructed to State ;:1nd Federal otandardo and arc to be o.med, operated and maintained by the Developer, hiD aooigno or oucceoooro until ouch time aD the County' 0 off cite ',;ater facilitieo and/or off oite oe.Jer facilitieo arc available to oervice the project. The interim treatment facilitieo ohall oupply oerviceo only to thooe lando approved by the County for development. The utility facility(ieo) may not be expanded to pro~Jide ,later and/or oe....er oerJice outoide the de~..elopment boundary appro~v'ed by the County ....ithout the .Jritten eonoent of the County. b) Upon connection to the County'o off oite \liater facilitieo, and/or oe.;er facilitieo, the Developer, his aooigno or oucceoooro ohall abandon, diomantle and remove from the oite the interim .;;:1ter and/or oe'.lage treatment facility and diocontinue uoe of the .;ater oupply oource, if applicable, in a manner conoiotent ',dth State of Florida otandardo. l'~ll \I;orle related ..Jith thio activity ohall be performed at no coot to the County. c)al Connection to the County's off-site water and/or sewer facilities will be made by the owners, the assigns or successors at no cost to the County ..'ithin 180 dayo after ouch facilitieo become available. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off-site facilities, water and/or sewer lines necessary to make the connection(s), etc. d) hi At the time County off oite ',;ater and/or oe',Jer facilitieo arc a~"ailable for the proj ect to connect ~Ii th, the following water and/or sewer facilities shall be conveyed to the County pursuant to appropriate County Ordin G Regulations in effect at the time: No. p..~)) APR 2 7 1999 SECTION IX PAGE 3 Pg. 9'J 1) All water and/or sewer facilities constructed in publicly owned rights-of-way or within utility easements required by the County within the project limits and those additional facilities required to make connection with the County's off-site water and/or sewer facilities; or 2) 1\ll \iUter and oe,..er facilitieo required to connect the project to the County'o off oite ~ater and/or oe~er facilitieo .;hen the on oite \mter and/or oe,..er facilitieo arc conotructed on priyat9 property and not required by the County to be located ...ithin utility eaoemento, including but not limited to the follm.ring. a)21 Main sewage lift station and force main interconnecting with the County sewer facilities including all utility easements necessary; - c) The cuotomero oerved on an interim baoio by the utility oyotem eonotructed by the Developer ohall become cuotomero of the County .;hen County ,..ater and/or oe,;er facilitieo arc a7ailable to oer.re the proj ect and ouch connection io ffiade. rrior to connection of the project to the County' 0 .Jater and/or oe'l;er facilitieo the De7eloper, hiD aooigneeo, or oucceoooro ohall turn o~v'er to the County u complete liot of the cuotomero oerJ'ed by the interim utilitieo oyotem and ohall not compete \lith the County for the oervice of thooe cuotoffiero. The Dc-v'eloper ohall aloo provide the County .,Jith a detailed in~.rentory of the facilitieo oerved '.dthin the proj ect and the entity .,..hich ,..ill be reoponoible for the ,;ater and/or oe...er oen'ice billing for the proj ect. f) cl All construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. g)dl The Developer, his assigns or successors agree to pay all system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time of Permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. h) The County at ita option may leaoe for operation and maintenancc the \i;:1ter di:Jtribution and/or oe\mge collection and tranomiooion oyotem to the project De7eloper or hie aooigno for the oum of $10.00 per year. Termo of the leaoe ohall be determined upon completion of the propooed utility conotruction and prior to activation of the \..ater oupply, treatment and diotribution facilitico. The Leaoe, if required, oh~ll remain in cffect until the County can provide .,..ater and/or oc.Jcr oervice A ITEM No. h1.((f)/ APR 2 7 1999 - SECTION IX PAGE 4 Pg. 9K' .mter and/or oe\Jer oervice agreemento arc negotiated ',Jith the interim utility oyotem oer~ing the project. D. Data required under County Ordinance No. 80 112 ohmiing the availability of oe',Jage ocr-vice, muot be oubmitted and approved by the Utilitieo Divioion prior to approval of the conotruction documento for the project. Developer ohall oubmit a copy of the appro~.red DEr permito for the oc-,:age collection and tranomiooion oyotemo and the ,;aote\later treatment facility to be utilized, upon receipt thereof. C. If an interim on oite ~JUter oupply, treatment and tranomiooion facility io utilized to oerve the propooed project, it muot be properly oized to oupply average and peak day dOFReotic demand, in addition to fire flo',; demand at a rate approved by the appropriate Fire Control Diotrict oervicing the project area. D. When the County hao the ability to provide oe'.,ugc treatment and diopooal and/or r.mter oupply and diotribution oerviceo, the Developer, hiD aooigno or ouceeoooro ~;ill be reoponoible to connect to theoe facilitieo at a point to be mutually agreed upon by the County and TIlE WOODlJ\.NDS o',mer, \;ith TIlE WOODLMIDC aoouming all cooto for the connection ',.'ork to be performed. E . ~ The proj ect 's Owner (s), his assigns or successors shall negotiate in good faith with the County for the use of treated sewage effluent within the project limits, for irrigation purposes. The Owner would be responsible for providing all on- site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on-site storage facilities, as required by the DEP, consistent with the volume of treated wastewater to be utilized TIlE WOODlJ\.NDS Oldp. CypreRs has first rights to effluent generated by the project. F. The County FRay require, and the de~eloper agreeo to furnioh a oite up to 2 acreo in oize for 2 H.C. otorage tank and re pump facility at a mutually agreeable location. The County haD until January 1, 1990 to notify the mmer if the oite ',dll be required. The o.mcr ohull oct aoide the oite for County uoe. In the event the tank and/or re pump facilitieo h;:l~Je not been inotalled by 1995, the County ohall relinquioh ita intereot in the oite. It io underotood that the County may require TIlE WOODLNIDC to inot:1l1 a water otorage tank on cite if County \JUter facilitieo arc not aV:1ilable at the time occupancy of the de~elopment haD commenced. Should the County deoire to o~eroize theoe facilitieo in anticipation of future demando and gro',.th ...hen the County'o \,"ater facilitieo arc a~ail:1ble to oerve the project, to the developer for ouch overoizing. AGENDA ITEM No. /X~) / , v APR 27 1999 SECTION IX PAGE 5 , Pg. 9'7 C.:C...... Construction and ownership of the water and sewer facilities, including any propooed interim ,.'ilter and/or oe,.'uge treatment facilitieo, shall be in compliance with all Utilities Division Standards, Policies, Ordinances, etc. in effect at the time construction approval is requested. ILD..... A detailed hydraulic design report covering the water distribution system to serve the project must be submitted with the construction documents for the project. The report shall list all design assumptions, demand rates and other factors pertinent to the system under consideration. 9.05 SOLID WASTE DISPOSAL Necessary arrangements and agreements shall be made with an approved solid waste disposal service to provide for solid waste collection service to all areas of the project. 9.06 RECREATIONAL FACILITIES The nature trails, bike paths, and other recreational areas and facilities and access thereto shall be maintained by a home owners association. In addition, any future recreational facilities, as may be needed by the future residents of this project, shall be funded through a system of revenues collected by the home owners association. Every residential unit owner of the development shall become a member of the home owners association. 9.07 TRAFFIC IMPROVEMENTS a, The proposed primary road within the project shall be classified and built to County Subdivision requirements for a minor collector. b. The PUD document, section 9.02-G, states that the roads may be private. The road through the commercial area may possibly be designated public providing all design requirements and stipulations of the Engineering Department are complied with at time of design and construction. c. The proj ect shall be provided wi th three (3) access points to Immokalee Road. d. All access roads/drives shall be limited to the access points shown on the master plan. The proposed commercial areas shall not have direct access to Immokalee Road. All drives shall be connected to the access roads built by this project. e. All traffic control devices used, excluding street name signs, shall conform with the MUTCD (Chapter 316.0747, Florida Statutes) . ~ f. started, If the the four developer laning shall of Immokalee Road has provide an eastbound n t Ie ~AI Murn .bUll APR 2 7 1999 SECTION IX PAGE 6 Pg. /t10 . storage lane and a westbound deceleration lane at each proj ect entrance before any certificates of occupancy are issued. g. The developer shall provide a fair share contribution toward the capital cost of a traffic signal at any project entrance when deemed warranted by the County Engineer. The signals shall be owned, operated and maintained by Collier County. h. The developer shall provide arterial level street lighting at each project entrance. The operating and maintenance costs of these units shall be assumed by Collier County. i. The north-south local road on the western side of the project shall be constrained to a two lane (sixty foot (60') right of way) configuration over the north half of the project. 9.08 STREETS The streets within the project may be privately owned and maintained. The access streets which cross environmentally sensitive (permit required) areas will be minimized in width to reduce impacts on the environment upon approval of the County Engineer and the Development Services Department. Typical sections are attached as Exhibit "G". 9.09 SUBSTITUTIONS TO COUNTY SUBDIVISION REGULATIONS A. Land Development Code, Section 3.2.8.3.19: Street name signs shall be approved by the County Engineer but need not meet U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street pavement painting, striping, and reflective edging requirements shall be waived, except at entrances. B. Land Development Code, Sections 3.2.8.3.17, 3.2.8.3.18, and 3.2.8.4.16: Street right of way and cross-section for specified private roads shall be as shown on Exhibit "G"; provided that a sidewalk or bikepath be provided on both sides of four lane roads and the "primary" road shall meet subdivision requirements for a minor collector. C. Land Development Code, Section 3.2.8.4 .16: The 1,000 feet maximum dead-end street length requirement is waived. D. Land Development Code, Section 3.2.8.4.16: Back of curb radii at street intersections shall be a minimum of 30 feet for local roads only. E. Land Development Code, Section 3.2.8.4.16: The requirement for 100 feet tangent sections between reverse curves of streets will be waived if agreed upon by the County Engineer and the Development Services Department. F. Land Development 3.2.8.4.20: The requirement Code, Sections 3.2.8.3 for blank utility casings SECTION IX PAGE 7 Pg, ./~/ waived except at entrances, subject to installation of utilities prior to street construction. G. Land Development Code, Sections 3.2.8.3.11, 3.2.8.4.10, and 3.2.8.4.23: The requirement that PRM's be installed in typical water valve cover is waived. H. Right-of-Way requirements shall be determined in accordance with the general requirements of Division 3.2 Subdivisions, however, road right-of-way widths less than the typical requirements may be approved based on appropriate technical justification that insures that the public health, safety, and welfare will be maintained at the time of Application for Subdivision Master Plan. 9.10 POLLING PLACES Polling places shall be provided in accordance with Collier County Land Development Code, and as may be amended in the future. 9.11 ENVIRONMENTAL STIPULATIONS A. petitioner shall be subject to the County's Groundwater Protection Ordinance. B. Prior to commencement of construction, the perimeter of the protected wetlands and buffer zones shall be staked and roped to prevent encroachment into the preserve areas identified in the South Florida Water Management District Permit, subj ect to the approval of the South Florida Water Management District (SFWMD) and Collier County Development Services staff. The staking and roping shall remain in place until all adjacent construction activities are complete. C. Wetland preservation/mitigation areas, upland buffer zones, and/or upland preservation areas shall be dedicated as conservation and common areas in conservation easements as well as on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes, provided that said covenants shall not conflict with South Florida Water Management District Permit No. 11-01232S. D. Development shall be pursuant to the existing South Florida Water Management District Permit No. 11-01232S, and U.S. Army Corps of Engineers Permit No. 1989909601PMN. Any amendments to these Permits shall be subject to review and approval by Current Planning Environmental Review Staff. E. Buffer zones adj acent to the preserve areas shall be pursuant to South Florida Water Management District Permit No. 11- 01232S. AGENDA ITEM No. /,~ (jf) / APR : 7 1999 SECTION IX PAGE 8 Pg. /t7cP F. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final site plan/construction plan approval. Such plan shall be consistent with the requirements of Division 3.9 of the Collier County Land Development Code (CCLDC) and South Florida Water Management District Permit No. 11-01232S. G. Replacement and mitigation plantings shall be randomly spaced and/or clumped at the densities quoted in The Woodlando Oldp. Cypress Onsite Wetland Mitigation and Monitoring Plan (SFWMD Phase I Construction), to emulate a more natural environment. 9.12 WATER MANAGEMENT STIPULATIONS A. Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Water Management Advisory Board and County Engineer. B. Construction of all water management facilities shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. C. An Excavation Permit will be required for the proposed lakes in accordance with Collier County Land Development Code. D. Storage of hazardous materials in aboveground and underground tanks shall conform to the minimum requirements provided in F.A.C. 17-61. For the purpose of this stipulation, hazardous materials are defined as those materials addressed in the EPA's Toxic and Controlled Substance list. A Spill Prevention Control and Countermeasure Plan for all above storage and underground tanks shall be approved by the Water Management Director and Development Services Director, considering recommendations from the Environmental Science and Pollution Control Department Director. E. Construction activities on this project shall be coordinated with construction contracts to implement improvements to the Cocohatchee Canal (CR 846 Borrow Canal) by the developer in accordance with the recommendations of the 1981 Gee and Jenson Hydrologic Report No. 2420, prepared for the Big Cypress Basin Board. Said canal improvements shall be limited to the canal reach along Section 21, Township 48 South, Range 26 East and two (2) designated farm crossings in Section 20 unless previously completed by other parties. F. When required by the County, the developer agrees to contribute his fair share on a pro-rata tributary area . volume basis to implement the canal improvements to s rve A~ITEM remainder of the Cocohatchee Canal watershed. No. /..:J(j{' ' APR 2 7 199~ SECTION IX PAGE 9 Pg, / t1J -. -- -. 9.13 FIRE STATION Prior to issuance of any building permits, a serving this project must be operating within five the project. 9 . 14 ARCHEOLOGICAL RRSOTJRCRS fire station (5) miles of Tpe cleve' oper sha11 be subject to Section 2 ??.S. 8.1 of the T,DC perta in i ng to archeological resources in the event such resources are 10cated pn the subject property. SECTION IX PAGE 10 AGENDA JTEM No. b1 (6) / ~ ~ ~ t,r~ : 7 1999 Pg. /ti~ i i I I I I I I I ! I I I ~~..1 ~ .. .1 t~:j Id~ ;!! lid dl Ii illl~ l!!1I if 11;1; h:1 ~h I I:di lib In I II.Q ...:. . 0) OlQllltlllll .. ... :lNcS~o.; ~ tj ,...... fIt...l! tIS ~ I ~ I ~ I ~ I - I ~ I ~ I ~ 19 I ill I @Ii I&i~ )., ~iiI ll: lil ~~ ~ ~ !I!~i !: 15~!l... 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I . .. . .. . .. .. .. . I .. .. .. .. .. .. .. . .. . .. .. . .. .. .. .. . .. .. . .. . . . . . .. .. . . .. .. .. . .. .. I .. . .. .. . . . . .. .. . . . . .. .. . . . .. . .. .. . .. .. .. .. . . . .. .. . . . . . .. .. . . .. . . . .. .. . .. .. . . .. .. . . . .. I .. .. . . .. . .. . . . .. . .. . . .. .. . I . . .. . . . .. . .. I .. I I .. .. .. . . . .. . .. .. .. . .. .. . I .. .. .. . . . . . . . . .. . . I . .. .. . .. . . .. .. . . . .. .. .. . . . .. .. . . . . .. .. . . . .. . .. .. .. . . . . . . . . .. .. .. I . .. .. . . .. .. . . . . . . . . .. . .. .. . . . . . . . . . .. . . . . . .. I . I . .. . .. . . . .. . .. .. .. .. . . . .. . . .. . . . . . . . . . . . I I . . . . . . . . . . I . . . . . . .. . . . . . . . . .. . . . . . . .. . . . I .. .. . . . .. . . . .. . . . . I I . . . .. . . . I . .. .. . . .. .. .. . . . . .. .. .. .. . . .. .. . I . .. .. .. .. . . . . . . . . . .. . .. . . .. .. . . .. .. . . . .. .. . . . .. . . .. . . . . .. . . . . . . . I . . . . . I . . . . . . . . . . .. . . . . .. . . . .. . . . .. . . . .. .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . .. .. . . . . . . . . . .. .. . . . . .. . . . . .. . . . .. . . . .. . . . . . I I CEJ@j ........ " " " , '..... , \ I I I \ " : - ~~ , t-..:!~ I I 05 I ! i , \ : .. -, ... I u \.. ... .......... ~ ..... ll. .. ::l o I)fYl IIIOHSONOl Pg. /tJL'5'" ~ - ~ ;,,--. EXHIBIT B Section 21, Township 48 South, Range 26 East, Collier County, Florida, less the South 100 feet thereof, being a Collier County canal right-of-way, also excepting the following described parcels located in said Section 21, E 12 ofSW ~ ofNW ~,- and the W 12 ofSE Y4 ofNW Y4, and the W 12 ofSE Y4 ofSE~, and the W 12 ofW 12 of SW Y4 of SE Y4, and the SE ~ of SW ~, and the E 12 of W 12 of SW ~ of SW ~, and the E 12 ofSW ~ ofSW~. All of the foregoing subject to any limitations, dedications, reservations, restrictions or easements of record. Property contains: 500.11 acres :!: W:\ 1996\ 1996080\RLD\revised legal.doc AGENDA ITEM No. p(tJ)J APR : 7 1999 Pg. /t/b 1:00. 50'. ROo W. s' EASEUENT l (SlOEWAU< AND EASElolENT RECUIRED ON LOCAl. SlREETS) . 1 1/Z" ASPHAl.l1C CONCRETE 12. * ~02 FTIfT ,,' 1.l1N. WAlK 'ftHERE REQUIRED SLOPE 2' VJJJiY GUTTER OR CURS e" UUEROCK BASE (PRIUEIl) 12" STABlUZEI) SUB GIW)!: (LBR 40) -R.O.W. 1.1"'1' BE DECREASO> W1'TH APPROPRIATE JUSllF1CAilON AND ADEQUATE PRO\llSlONS FOR U1IUllES. Hl2IE; 1. CUL-DE-SAC PAVElolENT RADIUS SHAll. BE 40' (WIN). 2. CUl-DE-SAC RjW RADIUS SHAU.. BE 50' (WIN). 50'* R.O.W. SECTION N. T.5- ,a. 50' R.D. W, ,,' MIN. WAU< SLOPE "J: VAUEY CUTTER OR CURB 8" UUEROCI< BASE (PRlI.lED) 12" STASIUZED sua GRADE (L.SR 40) l- V} w E a. 60' R.O.W. SECTION H.T.s. ..- 111 iO l"') N 100' R.O.W. co 0') I V ..- I CO 2'" II 24' 12' UIN MEDIAH SLOP! U'l 3: 0:: o (0 N CO ;;- 3: o ;s- O CO N CO ;;- N CO Ol / S' IoIlN. WAU< C1JRS e. ULCEROClC BASE (PRlt.tal) 12" STASlUZED SUB GRADE (LBR 40) ~ VAU.EY CUTrot OR CURB ~A I1'EM No._ /~(;jJ/ APR 2? 1999 XHIBIT '- 100' R"O. W. SECTION H.T.s. THE WOODLANDS ROADWAY SECTIONS HOLE MONTES & ASSOCIATES EH~"PL.ANNER&-8~VEY0R8 715 10th Slr..t $.. Napj.., n.. !JUlI - Phon. ~ CUI 212-4117 S3.LNOW nOB tLO~6961t61 XVd L&:Sl 3n~ 66/0&/&0 EXECUTIVE SUMMARY --, PUD-93-01(4), GEORGE 1. VARNADOE OF YOUNG, V AN ASSENDERP & VARNADOE, P.A., REPRESENTING WCI COMMUNITIES L.P. FOR AN AMENDMENT TO THE PELICAN MARSH PUD FOR THE PURPOSES OF ADDING SPECIFIC REGULATIONS FOR BOUNDARY AND PROJECT SIGNAGE; MAKING PROVISIONS FOR FIFTY (50) SPECIAL RESIDENTIAL DWELLING UNITS THAT MAY FUNCTION AS RENTAL UNITS IN CONJUNCTION WITH THE HOTEL OR GOLF COURSE; AND REVISING THE AUTHORIZED AMOUNT OF COMMERCIAL DEVELOPMENT IN THE ACTIVITY CENTER DISTRICT FOR PROPERTY BORDERED ON THE WEST BY TAMIAMI TRAIL NORTH (U.S. 41), ON THE EAST BY THE FUTURE LIVINGSTON ROAD, AND ON THE SOUTH BY VANDERBILT BEACH ROAD IN SECTIONS 25, 27, 34, 35, AND 36, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2072.88i: ACRES, (COMPANION TO DOA-99-01) OBJECTIVE: This petition seeks to amend the Pelican Marsh PUD for the purpose of increasing the intensity of commercial development in the N.W. activity center, providing for 50 additional hotel rooms; providing for 50 dwelling units which will function as resort accommodations; revising the method for determining access points to the N.W. activity center, and providing for certain boundary marker and -.. project signage. CONSIDERATIONS: Pelican Marsh is an approved Development Order by way of a Planned Unit Development. The Pelican Marsh community lies north of Vanderbilt Beach Road extending from U.S. 41 N./ Tamiami Trail North to the Livingston Road right-of-way with some exception for land lying south of Vanderbilt Beach Road at the intersection of Vanderbilt Beach Road and Goodlette-Frank Road and encompasses an area of 2,072.99 acres. The amendment to the Pelican Marsh PUD is intended to achieve the following. (i) The amendment introduces certain signage regulation which would allow boundary marker monuments at major road interfaces in addition to four (4) entry signs for each project while establishing area requirements, height limitations and lighting for said signage. (ii) Provides for the construction of fifty dwelling units which may function as rental units adjunct to the golf course and hotel. Nevertheless, these units would count towards the maximum number of authorized dwelling units for Pelican Marsh. ,- (iii) This amendment will have the effect of increasing the amount of commercial Le. space by 57,500 square feet of gross floor area while reducing the amount of offitJO.space by /;<.(#). APR 2 7 1999 Pg. / -. 25,000 square feet and will add fifty (50) hotel rooms to the currently authorized number of 400 hotel rooms, (iv) The amendment would change the way access points to the northwest activity center area are determined by making it an administrative decision at the time of Site Development Plan approvals. None of the amendments proposed have any GMP relationships. The change in intensity for commercial land uses still occur within the same activity center which is consistent with the FLUE to the GMP. In reviewing traffic impacts we are required to make this assessment based on the original approval which provided for more commercial development than would be the effect of the increases requested in this amendment petition. The traffic analysis submitted with this petition shows that the amendment when added to the current authorized levels are expected to generate 17.4% fewer peak hour net new external trips than the approved original development. The revised development parameters does not result in a increase of 15% or more in the number of external vehicular trips. The Collier County Planning Commission heard this petition on April 1, 1999. The CCPC recommended approval of this petition, however, one commissioner voted "nay" therefore this petition could not go forward on the "summary agenda" of the BCe. No presentations were made to the CCPC in opposition to this petition, however, staff received a copy of a letter indicating opposition to any petition that would increase density. FISCAL IMPACT: Inasmuch as this petition seeks to amend an existing approved development order the fiscal impacts can only be assessed to that change which reflects additional development authorization, The following additional impact fee revenue will be generated by the revision: (i) Net additional commercial (Retail/Offices/Services) 32,500 -7- 1000 x $5,000 (average) $ 162,500 (ii) Hotel 50 rooms x 1,113 per room 55,650 Total $218,150 No additional residential units are being added, however, fifty (50) units will function as rental units ancillary to the hotel and golf course. No additional impact fees would therefore be generated. Because impact fees vary by housing type and type of commercial development, and because this approval does not provide this level of specificity as to the actual type of use, the total impact fees quoted above are at best raw estimates. Additionally, it should be appreciated that there is not guarantee that the project at build out will have maximized their authorized level of dev AGENDA ITEM No. a. ~).fI ,- APR 2 7 1999 Pg. c2 In addition to the impact fees described there are building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees have traditionally off- set the cost of administering the community development review process, whereas utility fees are based on their proportionate share of impact to the County system. Impact fees are currently being reviewed to determine if adjustments are required to more accurately reflect the impact of particular development on County provided services. Finally additional revenue is generated by application of ad valorum tax rates. The revenue that will be generated by the ad valorum tax depends on the value of the improvements. At this point in time staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. The above discussion deals with revenue streams. A fiscal impact analysis is incomplete without an estimates of costs that will be generated by a particular land use development project. At this point in time staff has not developed a model by which to ~stimate the costs of a particular land use development project. Such a model in our opinion would be terribly misleading because there is no certain way, particularly with respect to housing projects to determine their value, and likelihood that not all of the authorized development will occur. Nevertheless, it should be appreciated that notwithstanding fiscal impact relationships development takes place in an environment of concurrency relationships. When Level of Service requirements fall below their adopted standard a mechanism is in place to bring about a cessation of building activity. Certain LOS standards apply countywide versus roads which may have geographic concurrency implications. GROWTH MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions of the Growth Management Plan can not have an impact on the Collier County Growth Management Plan. This petition was reviewed for consistency and was found to be consistent with all provisions of the Growth Management Plan. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 of the 3.15 of the Collier County Land Development Code. HISTORIC/ARCHAEOLOGICAL IMP ACT: Staffs analysis indicates that the petitioner's property is located outside an area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no Historical! Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That the Board of County Commissioners approve Petition PUD-93-01(4) Pelican Ma the Ordinance of Adoption and Exhibits thereto (i.e. PUD Document and Master Plan. AGENDA ITEM.. No. / -:2~ ~ APR 2 7 1999 Pg, -3 PREPARED BY ./1 ((/ \y~ tJ--L \. REVIEWED BY: ~ - ------ / ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR ~DBY: '/ ~<<r VINCENT A, CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. -- PUD-93-1(4) EX SUMMARY/md ,.-.... \.l \:~ -{ ('1 (~'j DATE 1- 7 -'75' DATE y/ 7/79f /DA TE ' AGENDA ITEM No. /,4 ~ li APR 2 7 1999 Pg. 1/ AGENDA ITEM 7-G MEMORANDUM CD-jl rvft ( TO: Y PLANNING COMMISSION FRO _ v'ELOPMENT & ENVIRONMENTAL SERVICES DATE: MARCH 9, 1999 RE: PETITION NO: PUD-93-1(4), PELICAN MARSH OWNER/AGENT: Agent: George L. Varnadoe Young, vanAssenderp & Varnadoe, P ,A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 Owner: WCI Communities Limited Partnership 24301 Walden Center Drive Bonita Springs, Florida 34134 REQUESTED ACTION: This petition seeks to amend the Pelican Marsh PUD as follows: (i) Add special regulation for boundary and project signage. (ii) Provides for fifty (50) dwelling units which may function as an adjunct to the golf course for rental purposes by the day, week, month or other rental periods in the area east of Airport Road but nonetheless are counted within the maximum number of dwelling units authorized for Pelican Marsh (i.e. 5,100 dwelling units). (iii) Proposes adjustments to authorized commercial development in the activity center having the effect of increasing retail space by 57,500 square feet of gross floor area, decreases office space by 25,000 square feet, and increases hotel rooms by fifty (50) rooms. (iv) Revises the bases for determining access determination to the Activity Center on the northwest corner of Airport and Vanderbilt Beach Road. The above noted amendments will nonetheless be accomplished through a PUD to PUD rezoning process in order to facilitate administrative convenience in dealing with the regulations for the Pelican Marsh community. AGENDA ITat No. /,;2(B )~ ~ APR 2 7 1999 Pg. 6' GEOGRAPHIC LOCATION: -- The Pelican Marsh community lies north of Vanderbilt Beach road extending from U.S. 41N.lTamiami Trail North to the Livingston Road right-of-way with some exception for land lying south of Vanderbilt Beach Road at the intersection of Vanderbilt Beach Road and Goodlette-Frank Road and encompasses an area of2,072.88 acres. (See location map following page.) PURPOSEIDESCRIPTION OF PROJECT: The amendment to the Pelican Marsh PUD is intended to achieve the following. (i) The amendment introduces certain signage regulation which would allow boundary marker monuments at major road interfaces in addition to four (4) entry signs for each project while establishing area requirements, height limitations and lighting for said slgnage. (ii) Provides for the construction of fifty dwelling units which may function as rental units adjunct to the golf course and hotel. Nevertheless, these units would count towards the maximum number of authorized dwelling units for Pelican Marsh. (iii) This amendment will have the effect of increasing the amount of commercial (i.e. retail) floor space by 57,500 square feet of gross floor area while reducing the amount of office space by 25,000 square feet and will add fifty (50) hotel rooms to the currently authorized number of 400 hotel rooms. (iv) The amendment would change the way access points to the northwest activity center area are determined ~y making it an administrative decision at the time of Site Development Plan approvals. EXISTING AND SURROUNDING LAND USE AND ZONING: This amendment will have no effect on properties external to the Pelican Marsh PUD, and therefore any identification of boundary relationships is irrelevant to the substance of this petition. GROWTH MANAGEMENT PLAN CONSISTENCY: None of the amendments proposed have any GMP relationships. The change in intensity for commercial land uses still occur within the same activity center which is consistent with the FLUE to the GMP. - In reviewing traffic impacts we are required to make this assessment based on the original approval which provided for more commercial development than would be the effect of the increases requested in this amendment petition. The traffic analysis submitted with this petition shows that the amendment when added to the current authorized levels are expected to generate 17.4% fewer peak hour net new external trips than the approved original development. The revis parameters does not result in a increase of 15% or more in the number of extern~ vehWo~a:~w~~)~ 2 APR 2 7 1999 Pg. 6 which is the threshold for additional Development of Regional Impact requirements. This amendment does not affect any other GMP element (i.e. open space, utilities, etc.). HISTORIC! ARCHAEOLOGICAL IMP ACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. An application for waiver of an historical and architectural survey was filed and approved. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Department staff. Staff recommendations are included in the Development commitments section of the PUD. This petition was administratively reviewed on behalf of the EAB inasmuch as no environmental impact statement was required. Staff review did not raise any specific concerns regarding LDC or GMP inconsistencies or need for additional regulations. Access requirements for property in the N.W. activity center were given special attention, and staff is satisfied that the revised stipulations regarding this matter gives the County the ability to regulate access conditions, and their effect on medians and turning movements in a manner satisfactory to the County's best interest. ANALYSIS: With respect to each of the amendments staff advises as follows: SilPlaie - Signage, in particular boundary markers or identification signs differ from that authorized in the LDC. Pelican Marsh believes it is necessary to identify the projects associated with Pelican Marsh at those boundaries of Pelican Marsh with public street intersections. Pelican Marsh is unique in the sense that it is bounded in several instances by public streets, such as Goodlette RoadN anderbilt Beach, AirportIV anderbilt Beach, LivingstonIV anderbilt Beach, and principal access points to the Pelican Marsh community itself. Pelican Marsh's total street frontage under normal circumstances would have as much or more signage as these boundary markers may represent, and therefore staff is of the opinion that the request is not unreasonable. Commercial Development Intensity - While this amendment increases the authorized amount of commercial development by a net amount of 32,500 square feet of gross floor area, (i.e. 57,500 retail minus 25,000 office) nevertheless it should be appreciated that the end result still represents a reduction in development intensity over that originally approved for Pelican Marsh. The petitioner at their own initiative previously reduced density and intensity of development, and this petition restores some of that prior reduction. Historically, staff has as a matter of policy applied a rule of thumb commercial intensity threshold of 10,000 square feet of floor area for each acre of land. With the adjustment reflected by this amendment, 577,500 square feet of gross floo I . constructed (i.e. 402,500 retail and 175,000 office) on 80 acres ofland inclusive of ho~ l.e./~)-:. rooms). We estimate that the N.W. quadrant occupies some 60 acres which represen the'iOcanon 0 (II 3 APR 2 7 1999 Pg. l' all .retail and office development, inasmuch as the remainder of the activity center in the N.E. .-- quadrant serves as the hotel site. Based on this premise the intensity of development in the N.W. quadrant will be approximately 10,000 square feet per acre consistent with our rule of thumb intensity threshold. Rental Residential Units Adjunct To Golf Resort Use - The proposed amendment would allow up to 50 residential units to be constructed near the Tiburon Golf Course and Ritz Carlton Hotel which would be made available as overnight accommodations, or otherwise rented for certain periods of time. This has no impact on the number of dwelling units otherwise authorized but merely provides that 50 dwelling units may function as short term rentals. Traffic Access To Activity Center - The current provision of the PUD regulating access configurations to the N.W. activity center were unclear and reference an activity center access map that could not account for the uniqueness of the N.W. activity center, The amendment authorizes an access configuration that satisfies the County's transportation department. STAFF RECOMMENDATION: - That the Collier County Planning Commission recommend approval of Petition PUD-93-1(4) as described by the Ordinance of Adoption and Exhibit thereto (i.e. PUD Document and Master Plan), P~'PARE! Y: / ~\ \ ! ,- ("'-'v~ , R NALD F. N NO, AlCP CURRENT PLANNING MANAGER ~. )() 13 DATE REVIEWED BY: ~J. MULHERE, AlCP PLANNING ERVICES DEPARTMENT DIRECTOR ? -1 1.-" 7 DATE ~ VINCENT A. CAUTERO, AlCP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. 3-/ ?-?,. DATE Petition Number PUD-93-1(4) Staff Report for the April 1, 1999 CCPC meeting. .- AGENDA ITEM No. /~(cnl APR 2 7 1999 LJ.BRUET,C~ 4) STAFF REPORT/rnd 4 Pg. ? APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENTIDO AMENDMENT COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES PUD93-01C4) PETITION NUMBER DATE ~ rr:: ~ it' r \I olE fR\ Uw J-. ~ 6 U '\'!J Lbb' ','" . . A""", ,..I J --------------- 1. Name of Applicant(s) WCI Communities Limited Partnership. a Delaware limited partnership Applicant's Mailing Address 24301 Walden Center Drive City Bonita Springs State FL Zip 34134 Applicant's Telephone Number: Bus.: (941) 947-2600 Fax: Is the applicant the owner of the subject property? x Yes No (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. x (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy oflease, and indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. WCI Communities Limited Partnership is a Delaware limited partnership consisting of investors of WC!. Inc.. general partner. and Communities Investor. limited partner. 2. Name of Agent George L. Varnadoe Finn Young. van Assendeq> & Vamadoe. P .A. Agents Mailing Address 801 Laurel Oak Drive. Suite 300 City Naples State Telephone Number: Bus.: (941) 597-2814 FL Zip Fax: (941) 597-1060 34108 3. PUD ORDINANCE NAME AND NUMBER: Currently effective: Pelican Marsh Communi(y PUD. Ordinance No. 97-79. as amended by Ordinance No. 98-11. Original PUD apJlroval on Mav 25. 1993. in Ordinance No. 93-27 was re~ed by PUD Ordinance No. 95-4 approved on January 24. 1995. AGENDA ITEM I No. ..a((< J~ 1 APR 2 7 lSS9 I Pi. 9 4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLiCATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd- shaped, submit five [5] copies of survey [1" to 400' scale D. See attached. -- THE APPLICANT IS RESPONSIBLE FOR SUPPL YlNG TIIE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTIONS 25. 27. 34. 35 & 36 TOWNSHIP 48 South RANGE 25 East Please refer to PUD Documen4 Section 1.2 for detailed legal description. 5. Address or location of subject property 2072.88:!: acres generally bordered on the west by Tamiami Trail North. on the east by the future Livingston Road and on the south by Vanderbilt Beach Road. 6. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No. 7. TYPE OF AMENDMENT: --X- A. PUD Document Language Amendment --X- B. PUD Master Plan Amendment --X- C. Development Order Language Amendment 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: If no, explain: X Yes No 9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITIIIN THE LAST YEAR? IF SO, IN WHOSE NAME? No. PETITION #: DATE: 10. HAS ANY PORTION OF THE PUD BEEN SOLD AND/OR X DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? Yes. IF NECESSARY). X No. IF YES, DESCRIBE: (A IT ACH ADDITIONAL SHEETS 2 AGENDA ITEM No. /::2 0 )~ APR 2 7 1999 ~ Pg. /0 AFFIDA VIT We, Jerry Schmoyer of WCI Communities being first duly sworn, depose and say that we are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. For: WCI COMMUNITIES LIMITED PARTNERSmP, a Delaware Limited Partnership oyer resident SIGNA~ George Varnadoe SWORN TO AND SUBSCRIBED BEFORE ME TIllS ;;J.:;J.'!2 DAY OF ;Jo.Nvo...fi/:..l .19~ . . ,....... ".I."""'''''''''~--''#'.''';'''''''~~'//I///;' . "';;';";;';". C tho . )' ) ...,A'.......~... yn 18 A. De Vllo ( .. . ) .) H~"~ Notary Public, State of Florida )( ) "',,.,. ~.: Commission No. CC 669992 )( > .....~~... My Commisaion Exp. 0910212001 )~ . ~ 00adeII........ PIa. "-Y ~.t ~ c.. ), (S~AL)(((((((((((((((((((((('(((((((((((((!' ~lJ:'A . ~~k.h- No Public My Commission expires: -:5~~bele. 't... ;100 \ AGENDA-ITEM ,. No. /d.-(j"<)! 3 APR 2 7 1999 Pg. // - ~---- i !f '--' s ~ 0000 oooli ~ ... 1: r; fI o. Cr I 0 ~ i ii !11I11l! I): l!!~ nil ~ · ,f rr Jilt ., I i If m I f I ~ ~ I~ i I 0\ J I : fl 3 3 c: ::;, ;::;: '< i ~. i . . ., .. II .. 0 .. .. .......... n n~n!l'n II S . .. . .. . ~" " Ji. I I ~ I I r.. !I 2 I ~. . '. "~A~'--:-'- · ... ~ e ... \ _nnJ __ _n~=~____n un_-, ['::::~:::::_----_::_:__::::::_~~:::::~-~~~::'::_:::~__::~:J ~~.....----------------- ------------------------------------------- - ~mlrm~ I ExhIbIt A Map H2 (Reviled Map H) , Muter Plan Pelican Marsh Commun' . " ........LN O. A:o-,_4'" wa~l...i1'iIedP Pg. /cfl.. !f ~ , ,~) Id ;8 B ;, ~ OCOO oooli ~ r: ,.. ~ ~ g . Ie o. I 0 I p>> 1 il!f flit if! I HUI : II I ~ I '\ I II J ... flui 1 r I: . ,1 U J J II I i : Ilf m I f i l l~ ., I ! f' = I Ii :1 I. :1$ I" ... II 0.. . . I. ..~ ... _... I n rt ~ n n ft" ;;r () o 3 3 c: :::J ;::;: '< . . )1 ' ~i . ~: :2 ,. ~mm~r~ Exhbt A Map H2 (AeYieed Map H) Muter Plan Pelican Marsh Communitie II ........ IN ~......'_. .,. wa ConYru1iliea. Lmted P APR 2 7 1999 Pg. A? . _ALEf 1I0AD IC.II. 8481 larsh Community -rl'1 I I I I I ' \ I I \ I I I I , , I I , , , , , I , . I , I . I . . I R ,- RY 610.4 AC. ..... .e/Open Space I I I I I I I I I ,n'er 3FAl ..... __ ~ GLAI "'Al_ .. --- 578.' AC, 80.0AC. R 4.7AC. 20.0AC, 330.4 AC. 180.3 AC. 143.2 AC. 114.2 AC. 2072.0 AC. F acllty ., n.a_ ... _ "7 _ a-..... ., AC. .a Open 8pacelBu"er ----- llO_tw.... ~ to-. _ UlIlIl . I il o' -. !\ I. t ~, .., , I , I I I I I I I I I I I I I , I I I . I I --- acHOOL IITI 6) AC ---- 'a n..r-L..J . .,... _ t_ SCIIL: 1-..... - & i d a:: .:11 &;.;lh~ ...::I ":'~ If ! ...::I i l f J -i i J. .:1 ~L Ilk: ~ p :Jrji o .1 j, . ~ ~j I I ; h Il.; J CI) Q. Q) 1: +:i CD 'c ~ ::l~S ~J-~ o 'C () i ~ ...J E~; ~ji ;c(~ .g 0 ~ ~ - J: C. aI ::Ec:: _"Oed ::: i a: :0 'S; i ~~CD W-ed N:! J: i :! tIC .. AGENDA ITEM . /,p&,<~ .. 7 PR 2 7 1999 0.- ,- .. " - - .. ... ... , 7 ~. iV-2'..... - 1 .. 1 g. .I </ ~I ! I: I i I - , ~L s I I I ~ 9000 00 0 i ." i . ~ I ~ I ~ Q :; ~ . i c=r I i Ii 'Illli j ! ! IIIIU i Ii I ~ I J . I II iE I I II i I I 11 ~ . .. I hli I I · . 1,1 [I I I iI f .. I I I If m I f ~ Ilt I () . \ ii e I 0 \ ~ 3 ~ i II ,. I ; ; 3 U M o . o ., . . . . .. c: ~ ~ ~ ~ ~ ~ . " ::J ::;: '< ~ I r !~ I bl ~., '. "L. -, ./~_..~-- , i r - - - == - - - -- - - - --- --== - =-== ==== =~~-== - - == ~ - - - -- ~------ ------, C:~.:.:.::_.:.:::~.:=_:.:.:=--=-::.:.:.:;;:;....; ~_.:.:::=~::.~--"=:~_:':'::__=-":'::J ~mmm ExhtlIt A Map H2 (Reviled Map H) Muter Plan Pelican Marsh Communities A. rIIrnMllN ~-* e, wa Cc:lrnnUilIee. United Panr.... .. ~ AGENDA ITEM No.zt&. ' APR)~ Pg. /6 P U D 9 3 - 0 1(4') PETITION NUMBER DATE APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENTIDO AMENDMENT COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES ;,~ 1'.1 ,,.... t.,..J! ,',",.-""- I ~ "': ~j .. ~---------- 1. Name of Applicant(s) WCI Communities Limited Partnership. a Delaware limited partnership Applicant's Mailing Address 24301 Walden Center Drive City Bonita Springs State FL Zip 34134 Applicant's Telephone Number: Bus,: (941) 947-2600 Fax: Is the applicant the owner of the subject property? x Yes No (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. x (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. ,- (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. WCI Communities Limited Partnership is a Delaware limited partnership consisting of investors of WCt Inc.. general partner. and Communities Investor. limited partner. 2. Name of Agent Geerge L. Varnadee Firm Young. van Assenderp & Varnadoe. P .A. Agents Mailing Address 8.1 Laurel Oak _rive. Suite 3" City Naples State Telephone Nwnber: Bus.: (941) 597-2814 FL Zip Fax: (941) 597-1060 34108 3. PUD ORDINANCE NAME AND NUMBER: Currently effective: Pelican Marsh Community PUD. Ordinance No. 97-79. as amended by Ordinance No. 98-11. Original PUD approval on May 25.1993. in Ordinance No. 93-27 was repealed by PUD Ordinance No. 95-4 approved on January 24. 1995. ,- AGENDA ITEM No. /d~L~ APR 2 7 1999 1 Pi. / " 4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd- shaped, submit five [5] copies of survey [1" to 400' scale]). See attached. THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTIONS 25.27.34.35 & 36 TOWNSHIP 48 South RANGE 25 East Please refer to PUD Document, Section 1.2 for detailed legal description. 5. Address or location of subject property 20n.88:l: acres generally bordered on the west by Tamiami Trail North. on the east by the future Livingston Road and on the south by Vanderbilt Beach Road. 6, Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property, (If space is inadequate, attach on separate page). No. 7. TYPE OF AMENDMENT: ----X- A. PUD Docwnent Language Amendment ----X- B. PUD Master Plan Amendment ----X- C. Development Order Language Amendment 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: If no, explain: X Yes No 9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? No. PETITION #: DATE: 10. HAS ANY PORTION OF THE PUD BEEN SOLD AND/OR X DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? Yes. IF NECESSARY). X No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS 2 AGENDA ntM No. ~Vf)3 APR 2 7 1999 Pg. /1 AFFIDA VIT We, Jerry Schmoyer of WeI Communities being first duly sworn, depose and say that we ie the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition, NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. For: WCI COMMUNITIES LIMITED PARTNERSHIP, a Delaware Limited Partnership -- SWORN TO AND SUBSCRIBED BEFORE ME THIS M'!? DAY OF -;;;:So..N\Ja.~1 .1999 . . . ,,~:,:~,.:.:,,~.,... .I......,."".;.J'........'.,.'I...."..,,,..,,.,..,,,,/..//.////,/,. ) ...~~~~.'~~o,;:... Cynthia A. De Vito >, :. H.~\) Notary Public, State of Florida ~( .) "'\~~': Commission No. CC 669992 )< .~ ....~!.~... My Commission Exp. 09/02/2ool)~ ) Ilondt-d Through Fla. Notary Service 8< Bonding Co ),. (SEAL )(((((,((((((( ((( ((( (((( '( U((O' aa 'at o:'~~" I\"'~ No Public My Commission expires: -:5~~b~~ 'Z.... ;;Joo \ - AGENDA ITEM No. h:Z ~)3 APR 2 7 1999 3 Pg. /f DATE: TO: FROM: RE: MEMORANDUM March 31, 1999 Vince Cautero, Community Development Services Administrator Trisha McPherson, Executive Secretary ~~I ( Board of County Commissioners Office.)1- II 3/30/99 Letter from Philip J. McCabe - DOA-99-01 and PUD-92-0 1 (4) Mr. McCabe called Commissioner Carter yesterday and asked that the attached letter be forwarded to the Planning Commission for the April 1 , 1999, meeting so that his opposition can be officially noted. Mr. McCabe also raised many other concerns and issues in his letter that may need follo\v-up. Since Commissioner Carter has not yet had an opportunity to review this correspondence, I will await his return and direction on the other issues. Itm cc: Bob Mulhere, Planning Services Director AGENDA ITEM No. /0(6)3 APR 2 7 1999 Pg. / c; Mar-30-99 12:0SP INN AT PELICAN BAY 941+S97+8012 P.Ol RC('. !=~ \/;= :.... . ..L..._ J J,~.. . "__._-' GULF COAST COMMERCIAL CORPORATION March 30, 1999 8665 BAY COLONY DRIVE. SUITE 404 NAPLES. FLORIDA 33963 Commissioner James Carter Collier County Government Tamiami Trail North Naples, Florida 9.~/i59"7787 9411597.8012 lFAX) Re: SOLICITATION OF AN OPINION. via fax only (owner of land within 300 ft. ofDOA-99-01 AND PlJD-92-01 (4)) Dear Mr. Carter: I am in receipt of a letter from the county planning services soliciting my view of a request by the developers of the new hotel at the Tiburon Golf course to increase density of hotel rooms, and retail, and to reduce medical, but by a reduction far less equal than the requested increase. I am absolutely opposed to any increased density whatsoever. If the developer wishes to change a use to a higher and better use, I have no objection, however if the developer wishes to increase density, my position is clearly in opposition. The present density is more than enough to make multi. millions of dollars, why is it necessary to make more millions at the expense of our community. I would also ask the planning depm1ment of the county, and the county commissioners to consider a policy that would require all developers doing business in our community to not only pay the proper impact fees for the schools, roads, fire, etc., but that they also share in the burden of beautification of our community such as median landscaping, etc. I would have to ask the planners if the medians at Airport and Vanderbilt are designed to be landscaped, and if not why? And why would not the developer of Pelican Marsh, and all other developers in that IntersectIOn, including myself, he obligated to the major beautification of the medians. It seems senseless to me to see all this massive construction going on, and most of it beautiful development, but yet not anybody consider the beautification of the medians, an area that has such a large impact upon the community. Further, I think it paramount that the county plan for the future use of the beach by all this added density, and the demand upon parking. As an example, every single one of those added hotel rooms is going to want to get to the beach. Where are they going to park? The supply of beach access is not in any way keeping up with the demand for beach access. Thank you for your attention to these matters, and please do not hesitate to call if you have any questions. Sincerely, GULF COAST COMMERCIAL CORPORATION oj' l\C~f~ Philip. cCabe PRESI ENT ,~---- AGENO~ No.-./O{ ~ APR 2 7 1999 Pg. d20 ORDINANCE 99-_ AN ORDINANCE AMENDING ORDINANCE :-ruMBER 91-102. THE COLLIER COUNTY LAND DEVELOPMENT CODE. WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNlNCORPORA TED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 8525N, 8525S, 8527N, 8527S, 8534N, 8534S, 8535N, 8535S, 8536N, 8536S AND 853536 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PELICAN MARSH, FOR PROPERTY LOCATED IMMEDIATELY NORTH OF AND CONTIGUOUS TO VANDERBILT BEACH ROAD (C.R. 901), US 41 NORTH, TO THE PLANNED LIVINGSTON ROAD RIGHT-OF-WAY IN SECTIONS 25, 27, 34, 35, AND 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA, CONSISTING OF 2072.88 ACRES, MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 97-79, THE FORMER PELICAN MARSH PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, George L. Varnadoe of Young, van Assenderp and Varnadoe, P .A.,. representing WCI Communities, L.P., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE' The Zoning Classification of the herein described real property located in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document,. attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Maps numbered 8525N, 8525S, 8527N, 8527S, 8534N, 8534S, 8535N, 8535S, 8536N, 8536S AND 853536, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 97-79, known as the Pelican Marsh PUD, adopted on December 9, 1997 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. AGENDA 1m No. /c2 ~) ..) APR 2 7 19S9 < &/ -1- SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida. this _ day of ,1999. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KlE, CHAIRWOMAN Approved as to Form and Legal Sufficiency ~~~-';L rn.~ MaIjo' M. Student Assistant County Attorney ORDINANCElPUD-93-O \ (4) AGENDA ITEM No. /01,6'515 APR 2 7 1999 ,,-. Pg. ~~ j -2- EXHIBIT A PELICAN MARSH COMMUNITY A PLANNED UNIT DEVELOPMENT 2072.88:1: Acres Located in Sections 25, 27, 34, 35 & 36 Township 48 South, Range 25 East Collier County, Florida PREPARED FOR: WCI COMMUNITIES, L.P. 24301 Walden Center Drive Bonita Springs, Florida 34134 PREPARED BY: WILSON, MILLER, BARTON & PEEK, INC. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 PUD 93-1, ORDNANCE 93-27 - ORIGINAL PUD 94-9, ORDINANCE 95-4 - AMENDMENT ORDINANCE 95-50 - AMENDMENT ORDINANCE 95-71 - AMENDMENT ORDINANCE 97-79 - AMENDMENT ORDINANCE 98-11 - AMENDMENT DATE Fll..ED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER 4'11O'99-~7069 v~ OIl-MPERJlY PLIM_L.C=-I'7'O NOIJ6.1llII-002-PNOC-2219I 1/29/99 4/1/99 4/27/99 AGENOA ITEM No. /~{) APR 2 7 1999 Pi. ~ TABLE OF CONTENTS PAGE LIST OF EXHIBITS II STATEMENT OF COMPLIANCE AND SHORT TITLE ill SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION 1-1 SECTION n PROJECT DEVELOP:MENT 2-1 SECTION ill RESIDENTIAL DISTRICf 3-1 SECTION IV GOLF COURSE, RECREATION & OPEN SPACE 4-1 DISTRICT SECTION V RESERVE DISTRICf 5-1 SECTION VI CULTURAL CENTER DISTRICf 6-1 SECTION vn ACfIVITY CENTER DISTRICf 7-1 SECTION VIII GENERAL DEVELOP:MENT COMMITMENTS 8-1 AGENDA ITEM No. ~ (8)3 APR 2 7 1999 J"""'II1-Y1069 Vor: 01 !-MPERA Y l aMl7'1 lI.002-PNOC-22191 Pg. ..P/" Exhibit A 4'16'99-$'1'Oli9 Vtr. Oll-MPI!R.R. Y PLl&JI LC CllIOOI7t NOI3lMl81.002.PNOC.22791 LIST OF EXHIBITS Map H2 (Revised Map H) Master Plan (WMB&P, Inc. File No. RZ-219-H) .~J:'toJ"'AIT'EM ~~ENOA j It.w;.. No. /,;l.((~' L tt.~ 2! I~~g ii ./ Pg. -:76 0:.. STATEMENT OF COMPUANCE The purpose of this section is to express the intent of the WCI Communities, L.P" hereinafter referred to as WCI or the Developer, to create a Planned Unit Development (PUD) on 2072.88:t acres of land located in Sections 25, 27, 34, 35, & 36 Township 48 South, Range 25 East, Collier County, Aorida. The name of this Planned Unit Development shall be Pelican Marsh Community. The development of Pelican Marsh Community will be in general compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as required in Objective 1, of the Future Land Use Element (FLUE). The purpose of the Urban Residential Subdistrict is to provide for higher density residential uses in an area with relatively few natural resource constraints and where existing and planned public facilities are concentrated. 2. The proposed density of Pelican Marsh Community is 2.5 units per acre and less than the maximum density permitted by the FLUE Density Rating System and is therefore consistent with Future Land Use Element Policy 5.1. The entire subject property qualifies for a base density of four units per acre. Certain parts of the subject property are further subject to density adjustments including a proximity to Activity Center density bonus, roadway access density bonus, and long range traffic congestion area and interconnection density reduction, which when taken collectively and applied to the property yield an allowable density greater than three units per acre. 3. Pelican Marsh Community is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in substantial compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 5. The development of Pelican Marsh Community will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. 6. Pelican Marsh Community is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. .vJ&'99-5706!1 Vtr. Ol!-MPER.R Y JlLLK-'J,.cCOOOI70 ,...auu..:M-lIIII-ClO2-PNOC.227IJ I AGENDA ITEM No. /d-((3).S . APR 2 7 1999 Hi Pg. dt 7. Pelican Marsh Community is a large scale functionally interrelated community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code Planned Unit Development District. 8. Pelican Marsh Community represents a large scale infill community within the Urban District, thereby discouraging urban sprawl as required by Policy 5.3 of the Future Land Use Element. SHORT TITLE This ordinance shall be known and cited as the "PELICAN MARSH COMMUNITY PLANNED UNIT DEVELOPMENr ORDINANCE". 4/16199-57069 Vrr. 01 !-MPERIl Y FL~'LCcooel70 NOIJ6.OllI-002-PNOC-2219I AGENDA ITEM No. /c2 C~1 L APR 2 7 1999 iv Pg. .;/ 7 -- SECTION I LEGAL DFSCRIPIlON, PROPERTY O\VNERSIDP, AND GENERAL DFSCRlPfION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Pelican Marsh Community, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DFSCRIPfION -- ...99-$7069 v.... OJl-MPEIUlY ft.Lk'I,.CCOOOllG NOJ~J.oo:z-PNOC-22'791 PELICAN MARSH, being approximately 2072.88 acres, is legally described as follows: BEGINNING at the southwest comer of Section 27, Township 48 South, Range 25 East, Collier County, Florida; thence along the west line of said Section 27 and the easterly right-of-way line of U.S. 41 North 00038'20" West 2623.40 feet to the west 1/4 comer of said Section 27; thence continue along the west line of said Section 27 and said right-of-way North 00039'12" West 827.69 feet; thence leaving said line North 89020'45" East 3844.57 feet to the westerly right-of-way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58, Public Records of Collier County, Florida; thence along said westerly right-of-way line in the following four (4) described courses; 1) South 05034'48" East 3545.96 feet to the south line of said Section 27; 2) South 05033'10" East 2642.17 feet; 3) southerly 620.87 feet along the arc of a circular curve concave westerly having a radius of 2799.93 feet through a central angle of 12042'18" and being subtended by a chord which bears South 00047'59" West 619.60 feet; 4) South 07'09'08" West 1675,64 feet to the boundary line of the plat of Pine Ridge Second Extension as recorded in Plat Book 10, page 86 of the Public Records of Collier County, Florida; thence along the boundary of said Pine Ridge Second Extension in the following eight (8) described courses; 1) 2) 3) 4) 5) 6) 7) South 89050'58" West 88.21 feet; North 31034'00" West 120.19 feet; North 05037' 10" West 956.47 feet; South 74046'39" West 379.98 feet; South 12004'43" East 23.53 feet; South 87009'43" West 272.40 feet; northwesterly 1854.46 feet along the arc of a non-tangential circular curve concave southwesterly having a rndius of 1640.26 feet through a central angle of 64046'40" and being subtended by a chord which bears North 48050'02" West 17 . A ITEM No. /~(ir )3 1-1 APR 2 7 1999 Pg. ,;2R 8) North 81013'22" West 737,85 feet; thence leaving said plat boundary North 00003'39" West 707.85 feet; thence South 89033'32" East 336.81 feet; thence North 00<>26'28" East 180.64 feet; thence northerly 37.60 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 16034'19" and being subtended by a chord which bears North 08043'37" East 37.47 feet; thence North 17000'47" East 181.41 feet; thence northwesterly 654.92 feet along the arc of a circular curve concave southwesterly having a radius of 395.00 feet through a central angle of 94059'52" and being subtended by a chord which bears North 30029'09" West 582.44 feet thence North '77'59'05" West 144.30 feet; thence northwesterly 418.87 feet along the arc of a circular curve concave northeasterly having a radius of 800.00 feet through a central angle of 29059'57" and being sub tended by a chord which bears North 62059'06" West 414.10 feet thence North 47'59'08" West 100.03 feet; thence westerly 615.18 feet along the arc of a circular curve concave southerly having a radius of 826.09 feet through a central angle of 42040'04" and being subtended by a chord which bears North 69019' 10" West 601.07 feet; thence South 89<>20'48" West 204.55 feet to the west line of said Section 34, and the east right-of-way line of U.S. 41; thence along said line North 00039'20" West 665.92 feet to the Point of Beginning; LESS AND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book 22, pages 88 through 89 Public Records of Collier County, Florida being more particular described as follows; BEGINNING at the northwesterly comer of said Pelican Marsh Unit Five; thence along the boundary of said Pelican Marsh Unit Five South 89033'32" East 306.56 feet to a point on the west line of Tract WF-l (Drainage Easement) according to the Plat of Grand Isle at Pelican Marsh, Plat Book 24, pages 67 through 70, Public Records of Collier County, Florida; thence along said line South 00000'00" East 481.17 feet to a point on the north line of Tract "B" (Vanderbilt Beach Road) according to the Plat of Pelican Marsh Unit Five, Plat Book 22, pages 88 through 89, Public Records of Collier County, Florida; thence southwesterly, 306.37 feet along the arc of a non-tangential circular curve concave to the southeast, having a radius of 2430.00, through a central angle of 07013'26" and being subtended by a chord which bears South 88015'16" West 306.17 feet to a point on the boundary of said Pelican Marsh Unit Five; thence along said line North 00003'39" West 492.87 feet to the POINT OF BEGINNING of the parcel herein described; Containing 3.40 acres more or less; Subject to easements and restrictions of record. Bearings are based on the north line of said Pelican Marsh Unit Five being So 89033'32" East, 1-2 AGENDA m~u No./~ APR 2 7 1999 '-16/99-57069 Ver. 01 !-MPERR Y FLWt.'LCCDDOl'?O N0136-Oll1-002-PNOC-22791 Pg. ,.;;r containing 573.98 acres more or less; subject to easements and restrictions of record; TOGEfHER WITH THE FOLLOWING DESCRIBED PARCEL: - All that part of Section 27, Township 48 South, Range 25 East, Collier County, Rorida being more particularly described as follows: Commencing at the west 1/4 corner of said Section 27; thence along said west line North 00039' 12" West 827.69 feet; thence leaving said line North 89<>20'45" East 577.78 feet to the POINT OF BEGINNING of the parcel herein described; thence North 57047'59" East 46.92 feet; thence North 68035'21" East 110.88 feet; thence North 00039' 12" West 187.52 feet; thence North '77'43'40" East 573.08 feet; thence South 72059'03" East 785.48 feet; thence South 00039' 15" East 27.71 feet; thence North 89<>20'45" East 503.78 feet; thence South 00039' IS" East 100.64 feet; thence South 89<>20'45" West 1957.22 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 9.5 acres more or less. Bearings are based on the west line of said Section 27 as being North 00039'12" West; AND LESS THE FOLLOWING THREE (3) DESCRIBED PARCELS: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Rorida and being more particularly described as follows: ,,-... Commencing at the west one quarter corner Section 27, Township 48 South, Range 25 East; thence along the west line of said Section 27 North 00039'12" West 827.69 feet; thence leaving said section line North 89020'45" East 55.00 feet to the Point of Beginning of the area thereon described; thence North 89020'45" East 366.45 feet; thence South 00039'15" East 34.09 feet; thence southeasterly 47.35 feet along the arc ofa non-tangential circular curve concave southwesterly having a radius of 70.00 feet through a central angle of 38045'23" and being sub tended by a chord which bears South 64019'09" East 46.45 feet to a point of compound curvature; AGENDA ITEM No. ,/;2 (g 11 APR 2 7 1999 30 Pg. ~ 1~51069 Vcr: 01 '.WERll Y IL~LC<<=-I1O NOI J6.081-002-PNOC-227!l1 1-3 thence southerly 259.53 feet along the arc of a circular curve concave westerly having a radius of 197.21 feet through a central angle of 75~4'06" and being subtended by a chord which bears South 07014'23" East 241.20 feet to a point of reverse curvature; thence southerly 151.40 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 66043'37" and being sub tended by a chord which bears South 02054 '07" East 142.99 feet to a point of reverse curvature; thence southerly 120.22 feet along the arc of a circular curve concave westerly having a radius of 70.00 feet through a central angle of 98~4' 12" and being subtended by a chord which bears South 12056' 10" West 105.98 feet; thence South 62008' 16" West 75.07 feet; thence southerly 48.75 feet along the arc of a circular curve concave easterly having a radius of 30.00 feet through a central angle of 93006' 13" and being subtended by a chord which bears South 15035' 10" West 43.56 feet; thence 8leflg South 30057'58" East 34.79 feet; thence southerly 19.94 feet along the arc of a circular curve concave westerly having a radius of 80.00 feet through a central angle of 14016'43" and being subtended by a chord which bears South 23049'37" East 19.89 feet; thence along a non-tangential line South 84013'14" East 158.41 feet; thence South 80055'24" East 183.78 feet; thence South 81052'51" East 180.90 feet; thence South 00000'00" East 261.28 feet; thence North 9<f00'00" West 394.57 feet; thence North 00000'00" East 271.73 feet; thence North 84013'14" West 120.32 feet; thence South 33005'40" West 54.13 feet; thence South 76056'51" West 89.04 feet; thence North 58035'21" West 65.19 feet; thence North 15031'55" West 74.80 feet; thence North 00041 '41" West 115.24 feet; thence North 28~2'47" East 171.51 feet; thence North 17>11'45" West 106.79 feet; thence North 13002'52" East 28.51 feet; thence North 73036'14" West 54.78 feet; thence South 49016'08" West 112.78 feet; thence South 89047'08" West 53.08 feet; thence North 58000'49" West 50.49 feet; thence North 00039'12" West 303.49 feet to the Point of Beginning of the area herein described; Containing 7.8 acres more or less; Subject to easements and restrictions of record; Bearings are based on the west line of Section 27, Township 48 South, Range 25 East, Collier County, Florida being North 00039'12" West; - AGEN \A No.~\o, J . 4/16199-57069 Vt:r 0 J!-MPElIt Y PLIM _u: c000170 N01~1-002-PNOC.2Z791 1-4 APR 2 7 199! Pg. ..3/ and -- All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commencing at the west 1/4 comer of said Section 27; thence along said west line North 00039' 12" West 827.69 feet; thence leaving said line North 89020'45" East 2469.55 feet to the POINT OF BEGINNING of the parcel herein described; thence continue North 89020'45" East 787.88 feet; thence South 84045'32" West 23.43 feet; thence South 74056'42" West 121.32 feet; thence South 79049'51" West 45.93 feet; thence westerly 45.51 feet along the arc of a tangential circular curve concave to the north having a radius of 66.00 feet through a central angle of 39030'16" and being subtended by a chord which bears North 80~5'01" West 44.61 feet to a point of reverse curvature; thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to the south having a radius of 150.00 feet through a central angle of 20012'57" and being sub tended by a chord which bears North 70046'21" West 52.65 feet; thence North 80052'50" West 36.59 feet; thence westerly 46.17 feet along the arc of a tangential circular curve concave to the south having a radius of 80.00 feet through a central angle of 33004'13" and being subtended by a chord which bears South 82035'04" West 45.54 feet to a point of reverse curvature; thence westerly 38.16 feet along the arc of a tangential circular curve concave to the north having a radius of 60.00 feet through a central angle of 36~6'18" and being subtended by a chord which bears South 84016'06" West 37.52 feet to a point of reverse curvature; thence westerly 68.84 feet along the arc of a tangential circular curve concave to the south having a radius of 305.00 feet through a central angle of 12055'58" and being sub tended by a chord which bears North 83058'44" West 68.70 feet; thence South 89033'17" West 18.36 feet; thence South 89039'11" West 71.63 feet; thence North 89035'03" West 36.03 feet; thence South 86006'33" West 42.94 feet; thence South 83044 '08" West 26.23 feet; thence South 51001 'OS" West 27.49 feet; thence South 330Z5'42" West 19.95 feet; thence South 15039'57" West 20.54 feet; thence South 10054'31" West 34.64 feet; thence South 89020'06" West 101.06 feet; thence North 10045'58" East 101.42 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 0.48 acres more or less. Bearings are based on the west line of said Section 27 as being North 00039' 2" vN!it!DA ITEM No. /-='U) 3 .0/99-"lO69 v.... OII-MPERll Y ft.LM._LCCODa,'l'O N0I36..0lI1-002..PNOC..22191 1-5 APR 2 7 1999 Pg. (3.;L and All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commencing at the west 1/4 corner of said Section 27; thence along said west line North 00039'12" West 827.69 feet; thence leaving said line North 89020'45" East 3401.12 feet to the POINT OF BEGINNING of the parcel herein described; thence continue North 89020'45" East 443.43 feet; thence South 05034'48" East 147.72 feet; thence South 89~0'45" West 51.56 feet; thence North 23056'01" West 13.07 feet; thence northerly 30.72 feet along the arc of a tangential circular curve concave to the east having a radius of 80.00 feet through a central angle of 21059'53" and being subtended by a chord which bears North 12056'04" West 30.53 feet; thence North 05001'01" West 31.56 feet; thence North 36019'27" West 32.02 feet; thence North 56004'43" West 35.11 feet; thence North 80039'23" West 32.53 feet; thence North 88039'20" West 97.78 feet; thence North 86004'48" West 45.79 feet; thence North 89049'56" West 132.77 feet; thence North 69040'18" West 37,23 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 0.38 acres more or less. Bearings are based on the west line of said Section 27 as being North 00039'12" West; AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL; BEGINNING at the northwest corner of said Section 35; thence along the north line of said Section 35 North 89045'35" East 5231.69 feet to the west right-of-way line of Airport-Pulling Road (C.R. 31); thence along said westerly right-of-way line South 00031'47" East 5258.31 feet to the south line of said Section 35; thence along said south line South 89039'22" West 2541.65 feet to the south 1/4 comer of said Section 35; thence continue along said south line South 89039'32" West 2641.33 feet to the southwest comer of said Section 35; thence along the south line of said Section 34 South 89051'02" West 391.57 feet to the boundary line of a parcel described in O.R. Book 524, page 121 of the Public Records of Collier County, Florida; thence along the boundary of said parcel North 01003'33" West 295.29 feet. AGENDA ITEM No,,/~ r{t)3 APR 2 7 1999 411~51069 Vcr O\!.MPERIlY JLla."LoCCIIOI'N NOl~I-002-PNOC-227!11 1-6 Pl. 33 thence continue along the boundary of said parcel South 89051 '02" West 443.28 feet to the easterly right-of-way line of proposed Gocxilette-Frank Road as recorded in Plat Book 13, page 58 of the Public Records of Collier County, Florida; thence along said easterly right-of-way line North 07009'08" East 1729.52 feet; thence continue along said easterly right-of-way line northerly 649.69 feet along the arc of a circular curve concave westerly having a radius of 2929.93 feet through a central angle of 12042'18" and being subtended by a chord which bears North 00047'59" East 648.37 feet; thence continue along said right-of-way line North 05033'10" West 2628.44 feet to a point on the north line of said Section 34; thence leaving said right-of-way line and along the north line of said Section 34 South 89031'31" East m.91 feet to the Point of Beginning; containing 708.39 acres more or less; subject to easements and restrictions of record; .a&99-S7lI69 Ver: Ol!-MPEU Y ....wc..LCCIIIO'1O NOI J6.OIII-002-PNOC-227'!h AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL BEGINNING at the northeast comer of said Section 36; thence along the east line of said Section, South 02012'03" East 2671.63 feet to the east 1/4 comer of said Section 36; thence continue along the.east line of said Section 36 South 02006'28" East 2519.08 feet to a point on the northerly right- of-way line of Vanderbilt Beach Road; thence along said northerly right-of-way line North 89039'39" West 2855.35 feet; thence continue along said line North 89043'59" West 2544.87 feet to a point on the easterly right-of-way line of Airport-Pulling Road (C.R. 31); thence along said easterly right-of-way line North 00031 '47" West 4490.03 feet to the southwest comer of the east 15 feet of the west 115 feet of the south 80 feet of the north 619.49 feet of said Section 36; thence along the south line of said land North 89~7'57" East 15.00 feet; thence along the east line of said land North 00031'47" West 80.00 feet; thence along the north line of said land South 89~7'57" West 15.00 feet to the east right- of-way line of Airport Road (C.R. 31); thence along said right-of-way North 00031'47" West 539.49 feet to the north line of said Section 36; thence along said north line North 89~7'57" East 3914.28 feet to the southwest comer of the east 1/2 of the east 1/2 of said Section 25; thence along the west line of the east 1/2 of the east 1/2 of said Section 25 North 01054'09" West 2668.19 feet; thence continue along the west line of the east 1/2 of the east 1/2 of said Section 25 North 01057'16" West 2567.06 feet to a point on the southerly right-of-way line of Immokalee Road (C.R. 846); thence along said right-of-way North 89014'36" East 1325.57 feet to the east line of said Section 25; thence along said east line of Section 25 South 02006'59" East 2569.75 feet to the east 1/4 comer of Section 25; AGENDA ITEM No. /~ (?J3 , APR 2 7 1999 1-7 - Pi, 3 ~ thence continue along said east line of Section 25 South 02000'46" East 2670.97 feet to the Point of Beginning; containing 789.67 acres more or less; total parcel contains 2076.28 2,072.88 acres more or less; subject to easements and restrictions of record; bearings are based on the State Plane Coordinates 1983 datum 1990 adjustment, the north line of Section 35, being North 89045'35" East. 1.1 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of WCI Communities, L.P., whose address is 24301 Walden Center Drive, Bonita Springs, Florida 34134. Detailed ownership infonnation is provided on Attachment 4-1 of the Pelican Marsh Community Application for Development Approval. 1.2 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Sections 25, 27, 34, 35, & 36 Township 48 South, Range 25 East, and is generally bordered on the west by Tamiami Trail North (U.S, 41); on the north by undeveloped land, Victoria Park Subdivision, Crescent Lake Estates, Four Seasons and Immokalee Road (C.R. 846); on the east by the future Uvingston Road; and on the south by Pine Ridge Subdivision and Vanderbilt Beach Road, Monterey PUD, Emerald Lakes PUD, and Vineyards PUD. The location of the site is shown on Map A of the Pelican Marsh Community Application for Development Approval. B. The zoning classification of the subject property as of this submittal is PUD (planned Unit Development), A (Rural Agricultural) and A-ST. C. Elevations within the site range from 6' to 14' above mean sea level with an average of approximately 11.0 feet. Per FEMA Finn Map Panels Nos. 120067-0 193D, 0195D, 0381D, and 0385D dated June 3, 1986, the Pelican Marsh property is located within both zones" AE" and "X". Topographic mapping is shown on Map C of the Pelican Marsh Community Application for Development Approval. 4/16I'99-S1IlI59 Vrr. Oll-MPERA Y ""....u:0IGI11I NOI )6.OI1.002-PNOC-22191 D. The soil types on the site generally include Immokalee fine sand; Myakka fine sand; Hallandale fine sand, Pineda fine sand, limestone substratum, Basinger fine sand; Fort Drum and Malabar high fine sands; Boca fine sand; Chobee, Winder and Gator, depressional; Holopaw and Okeelanta soils depressional; Boca, Riviera, limestone substratum; Copeland fine sand; Holopaw fine sand; Urban Land; Urban Land Holopaw Basinger Complex; Urban Land Immokalee Oldsmar limestone Substratum complex; Satellite fine sand; and Urban Land Satellite Complex. Soil AGENDA ITEM No. /6'//S)..] 1-8 APR 2 7 1999 Pg. ,,? 5' ..;:c- -.. '-_':'l."-~~- ConsetVation Service mapping of soil types is shown on Map E of the Pelican Marsh Community Application for Development Approval. E. Prior to development, vegetation on site primarily consisted of agricultural fields, (active and abandoned) including agricultural facilities, pine flatwoods, Brazilian Pepper, and Melaleuca dominated areas, Cypress and mixed pine and Cypress, disturbed areas, and Saw Palmetto prairies. Detailed vegetation mapping is shown on Map F of the Pelican Marsh Community Application for Development Approval. F. The project site is located within the Cocohatchee River Basin as depicted within the Collier County Drainage Atlas (1993). The general surface drainage pattern of the site west of Airport Road runs in a south to north direction into the Pine Ridge Canal. The drainage pattern of the site east of Airport Road runs in a east to west direction into the Airport Road Canal. Both canals eventually discharge into the Cocohatchee River. The Stonnwater Management Master Plan is shown on Map I of the Pelican Marsh Community Application for Development Approval. 1.3 DEVELOPMENT OF REGIONAL IMPACT Due to its scope, the Pelican Marsh Community has been reviewed and approved by Collier County pursuant to Section 380.06, Honda Statutes, as a Development of Regional Impact (DR!). Developer has also received approval from the Horida Department of Community Affairs (DCA) for an application for a Preliminary Development Agreement (PDA) encompassing 1,086.5 acres of the Pelican Marsh Community. This approval provided the State's authorization for the commencement and development of the first phase of the community, which is below 80% of any applicable DR! threshold. 1.4 DENSITY Acreage of the Pelican Marsh Community is approximately 2072,88 acres and the number of dwelling units authorized to be built pursuant to this Pun is 5100. The gross project density, therefore, will be a maximum of 2.5 units per acre. At all times all property included within the Pelican Marsh Community shall be included in determining project density including property reserved or dedicated for public uses, such as, but not limited to, public roadways. - AGENDA ITEM No./d(P)..? APR 2 7 1999 "16.'99-57069 Vrr: OI!-MPEIUlY R. We, LC COGOllO NO! 36-Oll1.0D2-PNOC-22791 1-9 Pg. ~~ SECTION n PROJECT DEVEWPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Pelican Marsh Community, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES Pelican Marsh Community, a private community, will include a broad range of single family and multi-family housing, 63 holes of golf with clubhouses and other associated facilities, a master planned activity center including a resort hotel and cultural facilities, stonnwater management lakes, open spaces, and reserve areas. The Master Plan is illustrated graphically on WMB&P, Inc. File No. RZ-219-H. A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Article 3, Division 3.2, Section 3.2.7, of the Collier County Land Development Code, 2.3 GENERAL COMPLIANCE WITH COUNTY ORDINANCES B. 4'16199-5706\1 Va: OI!.MPERJl Y ....t.c.1.CCDOOI'1t NO 136<<I-OCn.PNOC.22791 A. Regulations for development of Pelican Marsh Community shall be in. accordance with the contents of this PUD Ordinance and applicable sections of the Collier County Land Development Code (to the extent they are not inconsistent with this PUD Ordinance) which are in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Preliminary Work Authorization was approved by the Board of County Commissioners on May 20, 1993 and amended on April 19, 1994. Where this pun Ordinance or subsequently adopted Community Design Guidelines and Standards fail to provide developmental standards, then the provisions of the most similar zoning district or section of the Collier County Land Development Cooe shall apply. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all tenns shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of development order application. AGENDA ITEM No. /070J3 APR 2 7 1999 2-1 Pg. ~ ~ 7 C. Development permitted by the approval of this PUD will be subject to a concurrency review under the Adequate Public Facilities Ordinance Article 3, Division 3.15 of the Collier County Land Development Code. D. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. E. All conditions imposed herein or as represented on the Pelican Marsh Community Master Plan are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the Collier County Land Development Code (Article 3, Division 3.2) shall apply to Pelican Marsh Community, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3.2.4. G. The Site Development Plans Division of the Collier County Land Development Code (Article 3, Division 3.3) shall apply to Pelican Marsh Community, except where an exemption is set forth herein or otherwise granted pursuant to land Development Code Section 3.3.4. 2.4 COMMUNITY DEVEWPMENT DISTRICT The developer has established the Pelican Marsh Community Development District (PMCDD) to design, construct, manage, and maintain infrastructure and community facilities needed to serve the Project. The PMCDD constitutes a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed by the PMCDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of the Pelican Marsh Community. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.CX>6 through 190.041, Florida Statutes. Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. 2.5 ROADWAYS ..- Roadways within the Pelican Marsh Community are included as one of the PMCDD provided infrastructure improvements. Standards for roads shall be in com anca ~=,.Ver.OIl-MPEllR.Y No. ,1~1-002-PNOC-22791 2-2 APR 2 7 1999 Pg. 3 tf / I applicable provisions of Collier County Land Development Code regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during Preliminary Subdivision Plat approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Article 3, Division 3.2., Section 3.2.7.2 of the Collier County Land Development Code. The Developer, also reserves the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the Developer on all privately owned and maintained project roadways. 2.6 LAKE SETBACK AND EXCA V AnON The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Development Services Director and the Pelican Marsh Design Review Committee (pMDRC). All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1., however removal of fill from Pelican Marsh Community shall be limited to an amount up to 10 percent per lake (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2.7 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entrance ways, and signage may be allowed subject to review and administrative approval by the Developer and the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any installations, 2.8 MODEL HOMES/SALES CENTERS Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout Pelican Marsh Community subject to the requirements of Article 2, Division 2.6, Section 2.6.33.4 and Article 3, Division 3.2, Section 3.2.6.3.6, of the Collier County Land Development Code. 2.9 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development Code. Minor changes and refmements as described in Section 8.3 of this PUD document may be made in connection with any type of development or pennit application required by the Collier County Land Development Code. AGENDA ITEM No../~/fJ3 APR 2 7 1999 Pg. 39 4/lliI99-5i069 Ver. 01 ,.MJ'ERA Y fL1M..LC~1l0 N01J6.48HlO2-PNOC-2l791 2-3 2.10 COMMON AREA MAINTENANCE Most common area maintenance will be provided by the PMCOD. The PMCOO is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County development approval. For those areas not maintained by the PMCDO, the Developer has created a property owners association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The PMCDD or the property owners association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and storm water management systems and reserves serving Pelican Marsh Community, in accordance with the provisions of Collier County Ordinance 90-48 and Resolution 90-292, together with any applicable permits from the Florida Department of Environmental Regulation, U.S. Army Corps of Engineers, and South Florida Water Management District. 2.11 LANDSCAPE BUH'.u<S, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Pelican Marsh Community. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 3: 1 2. Ground covered berms 2:1 3. Rip-Rap berms 1:1 4. Structural walled berms - vertical B. Fence or wall maximum height: six feet (6'), as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered to be no greater than eighteen inches (18") above the highest crown elevation of the nearest existing road unless the fence or wall is constructed on a perimeter landscape berm, In these cases the wall shall not exceed six feet (6') in height from the top of berm elevation for berm elevation with an average side slope of 4: 1 or less, and shall not exceed four feet (4 ') in height from the top of berm elevation for berms with an average side slope of greater than 4: 1 (i.e. 3: 1). C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Pelican Marsh Community PUD boundary prior to preliminary subdivision plat and site development plan submittal. All such areas must be included in a landscape easement on final plats, or in a separate recorded instrument. O. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall not be subject to the height 2-4 - .~7Ol59 Vrr 01 !.MPI!lUl. Y .i:CIJOOl71) ..o.o81.Q02-PNOC-22791 No. ~(d13 APR 2 7 1999 Pg. L/tJ forth under 2,11 B, and shall be governed by the height limitations for principal structures of the district in which they are located. In the case of access control structures within right-of-ways adjoining two or more different districts, the more restrictive height standard shall apply. E. Pedestrian sidewalks and/or bike paths, water management systems and drainage may be allowed in landscape buffers subject to . review and approval by the PMDRC. 2.12 FllL STORAGE Fill storage is generally permitted as a principal use throughout Pelican Marsh Community. Fill material generated from properties owned or leased by the developer may be transported and stockpiled within areas which have been disturbed/farmed. Prior to stockpiling in these locations, a Letter of Notification along with plans showing the locations and cross-sections shall be submitted to Collier County Engineering Review Services for review and approval. The following standards shall apply: A. Stockpile maximum side slope 3: 1 B. Stockpile maximum height: thirty-five feet (35') -- C. Fill storage areas shall be screened with a security fence at least six feet (6') in height above ground level. D. The following FLUCCS Code lands as shown on Map F of the Pelican Marsh Community Application for Development Approval may be used for fill storage: 200,212,214,422,424,740. E. Fill storage in excess of five feet (5') in height shall be located no closer than three hundred feet (300') from any developed residential properties. F. Soil erosion control shall be provided in accordance with Collier County Land Development Code Division 3.7. G. Fill storage shall not be permitted in areas occupied by threatened or endangered species unless an approved management plan permits such use. .-. AGENDA ITEM No. /.4(g).] APR 2 7 1999 '?069 Vcr. Olf-MPERRY C~l1t 4-08I.oo2-PNOC.22791 2-5 Pg. ~/ 2.13 DESIGN GUIDELINFS AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code, Article 2, Division 2.2, Section 2.2.20.1. Pelican Marsh Community is planned as a private, large-scale, functionally interrelated community under unified control, to be developed over an extended time period. Developer has established community-wide design guidelines and standards to ensure a high and consistent level of quality for community features and facilities, which include features and facilities such as landscaping, hardscape, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities, Upon approval of specific design guidelines and standards by Collier County and Developer, those guidelines shall be considered as supplemental standards or requirements of this Planned Unit Development Ordinance. Developer will also establish supplemental design guidelines and standards by means of recorded covenants, conditions, and restrictions, the existence of which shall be noted on the Final Subdivision Plat or Final Site Development Plan. Said covenants, conditions and restrictions shall provide that prior to submittal of an application for Preliminary Subdivision Plat, Final Subdivision Plat or Site Development Plan Application to Collier County, an applicant must first submit the application to PMDRC for review and approval. Collier County shall not accept any such application for processing unless it is accompanied by a letter indicating Developer's review and approval. 2.14 REQUIRED ENVIRONMENTAL PERMITS Where the development of land within this Planned Unit Development requires a permit from a local, state, or Federal Agency with jurisdiction over the property (regulating agency) proposed for development, then the Developer shall obtain such permits as may be required prior to the commencement of construction or alteration of the land specifically requiring such pennit. Where such regulating agency issues a pennit, Collier County shall not impose conditions, exactions or modifications that are in conflict with or exceed the requirements of the issued permit, provided that Collier County may impose conditions that exceed and are not in conflict with the issued permit if Collier County's regulatory jurisdiction as provided in the Collier County Growth Management Plan and Land Development Code exceeds that of the other regulating agencies. In such a case, Collier County's environmental permitting guidelines and requirements shall control relative to the specific County permit only. Construction approvals from Collier County may be phased to allow construction of portions of a particular use that do not impact lands which require an environmental permit, provided that such environmental permits have been applied for and are under process by ~~:.,.Ver.O\l-MPERIlY AGENDA ITEM NOI36-OllJ.oo2-PNOC-22791 2-6 No. /.;J{.d )3 APR 2 7 1999 Pi, 1/ J... the appropriate agencies, and subject to the understanding that it is the Developer's sole risk if such permits are not finally issued to allow completion of the proposed use. 2.15 PRELIMINARY SUBDIVISION PLAT PHASING Due to the size and anticipated build-out period of Pelican Marsh Community, submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.16 GENERAL PERMITTED USES Certain uses shall be considered general pennitted uses throughout the Pelican Marsh Community PUD except in Reserve District. General permitted uses are those uses which generally serve the Developer and residents of Pelican Marsh Community and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1, Essential services as set forth under Collier County Land Development Code, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities, community centers. 7. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2,11 of this PUD. 9. Fill storage subject to the standards set forth in Section 2.12 of this PUD. - 9-57069 Ver: DI!-MPEIUlY LCC=-'''' ....1~-PNOC-22191 AGENDA ITEM No. /.;JetfJ3 APR 2 7 1999 Pg. 43 2-7 10. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - fifteen feet (15 ') except for guard houses, gatehouses, and access control structures which shall have no required setback. 2. Setback from property lines - one half (lh) the height of the structure. 3. Minimum distance between structures which are part of an architecturally unified grouping - five feet (5'). 4. Minimum distance between unrelated structures - ten feet (lO'). 5. Maximum height of structures - twenty-five feet (25'). 6. Minimum floor area - None required. 7. Minimum lot or parcel area - None required. 8. Sidewalks, bikepaths, and cart paths may occur within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. 9. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. 2.17 OPEN SPACE REQUIREl\1ENTS The PUD Master Plan identifies approximately 1213.7_acres included in the Golf Course/Recreation and Open Space District, Reserve District, lake, and miscellaneous open spacelbuffer designations. These areas, in conjunction with open space areas included within the Residential District, fully satisfy the open space requirements of Article 2, Division 2.6, Section 2.6.27 and Section 2.6.32 of the Collier County Land Development Code. AGENDA ITEM :'~:",vor: OI\.MPEUY No. /.:;((f).J NOIJ64I-002-PNQC-22791 2-8 . APR 27 1999 Pg. .If ~ 2.18 NA TIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, 25 % of the viable naturally functioning native vegetation on site shall be retained. The total area of viable natural functioning native vegetation within the PUD boundary is 871.9 acres, therefore 218.0 acres are required to be retained. This requirement is fully satisfied within the Reserve District and no further preservation is required. 2.19 SIGNAGE A. All Collier County sign regulations in force at the time of approval of this PUD rezoning action shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. B. Boundary marker monuments containing project identification signs designed to promote the project or any major use within the project shall be permitted along the project boundaries on U.S. 41, Goodlette-Frank Road, Vanderbilt Beach Road, Airport Road, and future Livingston Road. V-type boundary marker monuments shall be permitted only at intersections. C. A maximum of ten (10) boundary marker monuments shall be permitted. D. The sign face area of each side of the boundary marker monument may not exceed 64 square feet. The edges of any sign face may not extend above the top or beyond the comer edge of any boundary marker monument on which it is located. If the boundary marker monument is two-sided, each sign face may not exceed 64 square feet of area. E. Each side of a boundary marker monument may contain up to four (4) individual project, business or direction identifications (message areas), as long as the total sign face area does not exceed 64 square feet of area. The size of the words, letters, graphics, and the typography and color scheme used in each individual project, business, or directional identification on a sign on a boundary marker monument shall be similar to and consistent with the other identifications placed on the same boundary marker monument. F. Entrance signs may be located at each entrance to the project and may be one, two or three- sided. Such signs may contain up to four (4) individual project, business or direction identifications (message areas) per side, as long as the total sign face on each side does not exceed 64 square feet of area. Where a three-sided sign is utilized, the third sign side shall face internal to the development and the sign message area shall not exceed 10 square feet. The size of words, letters, graphics, and the typography and color scheme used in each individual project, business or directional identification on an entrance sign shall be similar ~ AGENDA ITEM No. /4)3 APR 2 7 1999 ~S'7069 v... Oll-MPERRY I LC COOOl?e .. .1J6.08HI02-PNOC-22791 2-9 ~ r Pg. :'~ ._'.-......~..~'~ 'r-- ./ ^/6 to and consistent with the other identifications placed on the same sign. A maximum of two I-sided, one 2-sided, or one 3-sided entrance signs may be permitted at each entrance. G. Boundary marker monuments and entrance signs may not exceed a height of 8 feet above the crown of the nearest road, unless the sign (or wall containing the sign) is constructed on a perimeter landscape benn, in which case the sign shall not exceed a height of 8 feet. H. Boundary marker monuments and entrance signs may be lighted provided all lights are directed to the sign or are shielded. AGENDA ITEM No. a(j5J-5 APR 2 7 1999 Pg. J/ (, 4/16f99-S7069 Vf1r. OII.MPERR.Y JlL.Ltc.-eu::CDDltI1l NOIJ6-OII-oGl-PNOC-22791 2-10 SECTION m RESIDENTIAL LAND USE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Pelican Marsh Community designated on the Master Plan as "R." 3.2 MAXIMUM DWELLING UNITS A maximum number of 5100 residential dwelling units may be constructed on lands designated "R." 3.3 GENERAL DESCRIYI10N Areas designated as "R" on the Master Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational and educational facilities, essential services, and customary accessory uses. - The approximate acreage of the "R" district is indicated on the PUD Master Plan, This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 3.4 PERMITIED USFS AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single Family Detached Dwellings. 2. Single Family Patio and Zero Lot Line Dwellings. 3. Tw<rfamily and Duplex Dwellings. 4. Single Family Attached and Townhouse Dwellings. -- 5. Multi-Family Dwellings including Garden Apartments. 3-1 AGENDA ITEM No. /c;{L!)3 APR 2 7 1999 Pi. 1/ 7 '99-.5706!1 Vr 01 ,.MJ>I!IUl Y fIILC'CIIOOl70 .l6-08l~.PNOC.227Y1 6. Churches and other places of worship, subject to Collier County staff administrative approval during Site Development Plan review to address site location, size, ingress and egress, and buffering requirements, and subject to the Multi-family Development Standards set forth in Table I. 7. Schools (public or private). 8. Assisted Living Facilities, Group Care Facilities (Category I and ll), Care Units, Nursing Homes, and Family Care Facilities (collectively ALp) only east of Airport Road. 9. Rental Residential Units Up to 50 residential units which shall not be subject to the definition of "dwelling, multiple-family," contained in Division 6.3 of the Land Development Code may be constructed east of Airport Road within the Activity Center and the residential parcel north of and adjacent to the designated Activity Center. These residential units may be rented by the day, week, month or other rental periods determined by their respective owner/manager, which shall be either the hotel located within the activity center or the entity owning the golf resort use. Each residential unit shall constitute and be counted as one of the 5,100 authorized residential units within the Pelican Marsh development and shall be developed in accordance with the residential development standards in Section 3.5 of this PUD Document. 10. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. B. ACcessory Uses and Structures: 1. AccesSIJry uses and structures customarily associated with principal uses permitted in this district. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the 'R' Residential District. AGENDA ITEM No. /~d)J APR 2 7 1999 '""'q 4116199-'7069 Ver: OIl-MPEll Y n.~. LC CDOOI1O NOI)6.4l]~-PNOC-22191 3-2 Pg. 1/ f' B. D. E. F. G. -'&'99-51069 Ver. OIl-MPEIUl Y c._LC'cooalll J J6-OlII.ocn-PNOC-22?91 Site development standards for categories 1 - 4 uses apply to individual residential lot boundaries. Category 5 standards apply to platterl parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal strUctures. Development standards for uses not specifically set forth in Table I shall be established during Site Development Plan Approval as set forth in Article 3, Division 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. In the case of residential structures with a common architectural theme, required property development regulations may be waived or reduced provided a site plan is approved by the Collier County Planning Commission in accordance with Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to Section 2.17 of this PUD. Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-3, Four Seasons Subdivision zoned RSF-2, and Quail Woods Estates zoned RSF-2 shall be limited to single family dwellings, multi-family dwellings, water management facilities and lakes, and customary single family accessory uses. Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-4 or RMF-12 and Quail Woods Estates zoned RMF-6 shall be limited to single, two- family, and multi-family dwellings, water management facilities and lakes and customary residential accessory uses. Where multi-family uses abut off-site single family uses, there shall be a minimum separation of one hundred feet (100') between the two uses. In addition, a platted ROW or platted landscaped buffer, a minimum width of thirty feet (30') and meeting the opacity requirements of an alternative type "e" buffer as described in the LDC, must be provided within the one hundred feet (100'). Off street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serves a development exceeding 96 units. A cul-de-sac road within the development may have abutting surface parking where the parking serves 24 units or less. A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road, with the exception of cul-de-sacs serving 24 units or less. 3-3 AGENDA ITEM No. /.;(.(f J.3 APR 2 7 1999 Pg. 4Cf H. Single family patio and zero lot line dwellings are identified separately from single family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table 1. Patio and zero lot line dwellings shall be defmed as any type of detached single family structure employing a zero or reduced side yard as set forth hereint and which conform to requirements of Collier County Land Development Code Article 2t Division 2.6t Subsection 2.6.27. I. Attached or detached courtyard residences which include cabana bedrooms separately accessed from the courtyard and not from the main house are permitted providing that: 1) The cabana structure must be connected to other portions of the residence in a manner that gives the entire residence the appearance in elevation from the street of being one single family residence; 2) The cabana structures must be accessible only from the enclosed courtyard and must not be accessible directly from the street; and 3) The cabana structure may not contain primary cooking facilities. AGENDA ITEM No. /c7 ~)3 APR 2 7 1999 Pi. 6'0 4/161!19-S7OIi9 Vrr: DII-MPERllY ,,"we_' u: CGOOl'tO NOll6-081.002-PNOC-227ll1 3-4 TABLE I PELICAN MARSH COMMUNITY DEVELOPMENT STANDARDS FOR "R" RFSIDENTIAL AREAS SINGLE PATIO &: TWO SINGLE F AMIL Y MULTI ASSISTED PERMITTED USES AND FAMILY ZERO LOT FAMILY A IT ACHED AND FAMILY LIVING STANDARDS DETACHED LINE &: TOWNHOUSE DWELLINGS FACILITIES DUPLEX Category 1 2 3 4 5 ! Minimum Lot Area 7,500 SF 5,000 SF 3,500 SF*4 3,000 SF 1 AC 1 AC Minimum Lot Width *5 75 50 35 30 150 150 Front Yard 25 20 *3 20 *3 20 *3 25 2S Front Yard for 15 10 10 10 15 15 Side Entry Garage Side Yard 7.5 *6 o or 7.5 o or .5 BH .5 BH 20 OR .5 BH Rear Yard Principal 20 10 20 20 BH BH Rear Yard Accessory 10 5 10 10 15 15 Rear Yard Special *1 10 5 10 10 .5BH .SBH - Maximum Building Height 35 35 35 35 50 50 2 Distance Between 15 10 o or 15 .5 SBH .5 SBH .5SBH Principal Structures Floor Area Min. (S.F.) 1800 SF 1600 SF 1600 SF 1200 SF 1000 SF*8 N/A*1 mJ.: Building Height SBH: (Sum of Building Heighls): Combined height of 1W0 adjacent building. for the purpose of detennining sethack requiremcnls. AU disances are in feet unless otherwise noted. .. - With approval from PMDRC, rear yuds for principal strUctures on lots which abut golf course, lake. open lipace, or rescn-e areu. Setback from lab fOl' all principal and aceeNOl)' lUlCS lJIoIly be O' providing architectural bank treatment is incorporated into design and subject to written approval (Nitti Pr&jecl PIe. Rll.in P1anniJll! Service. DcDartmcnt. With approval from PMDRC, front yards shall be measured a. follow.: A. If the parcel is served by a public right-of-way, sclbsck i. measured from the adjacent right-of-way line. B. If the parcel ia served by a private road, sclback is measured from the back of cum (if cumed) or edge of pavcment (if DOt curbed). "'2 - Buildin,r heigb11ba11 be the vertical distance measured from the first habilsble finished floor elevation to the uppenJlO8t finished ceiling elevation of the strUcture . .3 - Single family dwelling. which provide for 2 parking lipace. within an enclosed garage and provide for illest parking other than in private drivewa)'lllJlollY reduce the front yard requirement to S' for the garage and IS' for the relJlollining strUctures. .4. Each half ofa duplex unit require. a lot area allocation of 3,500 S.F. (or a to(a1 minimum lot area of 7,000 S.F. .S . Minimum lot width IMY be reduced by 20$ for cul-dc-ssc 100 provided minimum lot area requirement i. still mainlsincd. ~S71169 Vrr. OJl-MPERIlY .c.MLCaIGO". ,IJ6.OlII.002-PNOC-22791 AGENDA ITEM No. /t?t4: ).,3 APR 2 7 1999 Pg. 6/ / . - 3-5 .6 - Zero feet (0') or a minimum of five feet (5 ') on either side except that when: the zero feel (0') yard option is utilized, the opposite side of the stnIclUre sball have a ten foot (10') yard. Zero feet (0') yard. may be used on bolh sides of a stNclUre provided that Ihe opposite ten foot (10') yard d provided. Patios, r and IICReD encloaure. may encroach into the 10' yard and may an.ch to Ihe adjoining dwelling provided an easement is granted from the adjoining dwellin; owner. .7 - For density comparison, each residential unit shall equal 4.0 ALF units. .8 - SUUclUt'el eall of Airport Road have a minimum floor area of750 S.F. AGENDA ITEM No. /61(,&3 APR 2 7 1999 4I16I'9'l-~7069 Vet: OII-MPEIUlY FLt.c:..t.eceooI10 NOIJ6.O&I-401-PNOC.2279I 3-6 Pg. ,;{ J-, SECTION IV GOLF COURSE, RECREATION AND OPEN SPACE DISTRICT 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Pelican Marsh Community designated on the Master Plan as "Geo" and Miscellaneous Open Space/Buffer. 4.2 GENERAL DESCRIPI10N Areas designated as "GCO" and Miscellaneous Open Space/Buffer on the Master Plan are designed to accommodate a full range of golf course, recreational, water management and open space uses, as well as to provide lands for community-related ancillary uses and essential services. 4.3 PER.MITTED USES AND STRUCTURFS No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Golf courses, golf clubhouses, golf facilities, golf teaching facilities including classrooms and temporary golf clubhouses. 2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs. 3. Project information and sales centers. 4. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 5. Public administration facilities. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. AGENDA rr'EM No. /~( ~.J . --- 199-'7069 Ves:: OIl.MPERIlY ....c.. LC C0D017. NO I :J6.ll8I-l102-PNOC-2279I 4-1 APR 2 7 1999 Pi. l~::S 7. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "GCO" and Miscellaneous Open Space/Buffer District. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal uses permitted in this district. 2. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars, golf course maintenance yards. 3. Retail establishments accessory to the permitted uses of the district such as, but not limited to, golf, tennis, and recreational related sales. 4. Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. 5. Shuffleboard courts, tennis courts, swimming pools, and all other types of accessory facilities intended for outdoor recreation. 6. Telecommunications facilities. 7. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "GCQ" and Miscellaneous Open Space/Buffer District. 4.4 DEVELOPMENT STANDARDS A. Principal structures shall be setback a minimum of twenty feet (20') from "GCO" and Miscellaneous Open Space/Buffer district boundaries and private roads, and fifty feet (50') from all PUD boundaries and residential tracts, except where the PUD abuts the Collier County Wastewater Treatment Plant or a public right of way, in which case the setback shall be one half (lh) the height of the structure. B. Accessory structures shall setback a minimum of ten feet (lO') from "GCO" and Miscellaneous Open Space/Buffer district boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts, except where the PUD abuts the Collier County Wastewater Treatment Plant or a public right of way, in which case the setback shall be one half (Ih) the height of the structure. C. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. AGENDA ITEM No. /A'4 APR 2 7 1999 Pg. 61 "'16I99-5'l1169 Ver. OI!-MPEIUlY JL1.idLC ODIOllO NOI J6-081-002-PNOC-22191 4-2 D. Maximum height of structures - Fifty feet (50'). E. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'). F. Minimum distance between all other principal structures - Twenty feet (20'). G. Minimum distance between all other accessory structures - Ten feet (10'). H. Minimum floor area - None required. I. Minimum lot or parcel area - None required. ]. Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area, which shall be considered inclusive of required golf course parking K. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures, AGENDA ITEM No. /r::x is ).1 . APR 2 7 1999 Pg. <6" - ( '9-51069 Ver. Ol!-MPERIlY .I,.CQIOlII70 ,,36-08I-G02-PNOC-227!l1 4-3 SECTION V RESERVE DISTRICT 5.1 PURPOSE The purpose of this Section is to identify pennitted uses and development standards for areas within Pelican Marsh Community designated on the Master Plan, as Reserve. 5.2 GENERAL DFSCRIPflON Areas designated as Reserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Reserve district is to retain viable naturally functioning wetland and xeric upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Pelican Marsh Community residents. 5.3 PERMITIED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Pennitted Principal Uses and Structures 1. Passive recreational areas, boardwalks, including recreational shelters and restrooms. 2. Biking, hiking, nature and equestrian trails (excluding asphalt paved trails in wetlands) . 3. Paved golf cart paths and unpaved pedestrian paths in xeric uplands. 4. Water management facilities, structures and lakes, including lakes with bulkheads or other architectural treatments. 5. Mitigation areas as provided in the Cocohatchee Strand Restoration Plan and other applicable pennits, 6. Roadway crossings and utility crossings at Pelican Marsh Boulevard, Vanderbilt Beach Road, Goodlette-Frank Road, and the Cocohatchee Strand Golf Course crossing/reconnection area. AGENDA ITEM No. ~f.L?)3 APR 27 1999 7. Utility lines in xeric uplands. 5-1 4'I6I99-57Q69 Vcr. OI!-MPEIlR.Y fLLK_u:a.ol,. NOI~I~-PNOC.22791 Pg. ,~t, 8. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Reserve District. 5.4 DEVELOP.MENT STANDARDS A. All structures shall setback a minimum of five feet (5') from Reserve district boundaries and roads, except for pathways, boardwalks and water management structures, which shall have no required setback. B. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Twenty-five feet (25'). D. Minimum distance between principal structures - Ten feet (10'). E. Minimum distance between accessory structures - Five feet (5'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. H. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community Design Guidelines and Standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 5.5 RFSERVE DISTRICT CONSERV A nON EASEMENT .- A non-exclusive conservation easement or tract is required by Collier County Land Development Code Section 3.2.8.4,7.3 for preservation lands included in the Reserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over ReselVe District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the tenns set forth in the applicable pennit granted by said agencies, and as set forth in PUD Section 8.13 hereof. The developer, their successor or assigns, the Pelican Marsh Foundation or the PMCDD shall be responsible for control and maintenance of lands within the ReselVe District. Conservation easements shall be recorded in conformance with the Preliminary Work Authorization as amended 1994. 19-'7069 Ves: OIl.MPERRY , LC CDOOI10 . 36-08 1-002-PNOC-tt79 I 5-2 APR 2 7 1999 Pg. 57 SECTION VI COMMUNITY FACILITY DISTRICT 6.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Pelican Marsh Community designated on the Master Plan as II CF. .. 6.2 MAXIMUM SQUARE FOOTAGE A maximum of 50,000 square feet (gross floor area) of Community Facility Uses may be constructed on lands designated .. CF. II 6.3 GENERAL DESCRIPTION Areas designated as .. CF" on the Master Plan are designed to accommodate a full range of cultural uses, essential services, and customary accessory uses. The approximate acreage of the" CF" district is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Cultural Center tracts are designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses. 6.4 PERMITfED USES AND SlRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: All uses normally associated with a community facility including but not limited to: 1. Churches and places of worship 2. Governmental buildings 3. Child daycare facilities 4. Civic, social and fraternal associations AGENDA ITEM No. /~ ~..J..3. APR 2 7 1999 4f16l'9').S'7069 Ver. OIl-MPERllY ft.......J..C~1.,. . NOI ]6.48I.oo1-PNOC-22791 6-1 Pg. ,-5f 5. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the II CF" District. B. Accessory Uses and Structures: 1. A~ry uses and structures customarily associated with the principal uses permitted in this district. 2. Recreational facilities. 3. Classroom facilities. 4. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the " CF" District. 6.5 DEVELOPMENT STANDARDS A. Principal structures shall be setback a minimum of twenty feet (20') from "CF" district boundaries and private roads, and fifty feet (50') from all PUD boundaries, public roads and residential tracts. B. Accessory structures shall be setback a minimum of twenty feet (20') from district boundaries and private roads, and twenty feet (20') from Pun boundaries, public roads and residential tracts, C. Setback from lakes for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design and subject to written approval from PMDRC, PMCDD, and Collier County Development Services Department. D. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. E. Maximum height of structures - Eighty feet (80'). F. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'). G. Minimum distance between all other principal structures - Twenty feet (20'). H. Minimum distance between all other accessory structures - Ten feet (10'). 1. Minimum floor area - None required. 6-2 AGENDA ITEM No. /CJ.@)3 G !I ~ t-PR 2 7 1999 @ - 4111i199-''7ll69 Vfit'. OJl-MPERIlY ft..WcJJ.oCQIDOl70 NOIJ6-OlJ .oo2-PNOC-2279 J Pg, ,~9 J. Minimum lot or parcel area - None required. K. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otheIWise indicated, required yards, heights, and floor area standards apply to principal structures. 41lfi199..'-/069 VOIr. QII-MPERRY R..'-.LC~l70.NOI J6.081-002-PNOC-22791 6-3 AGENDA n'p' No./~ APR 2 7 1999 I Pg. b 0 SECTION vn ACTIVITY CENTER DISTRICT 7.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Pelican Marsh Community designated on the Master Plan as "AC. .. 7.2 MAXIMUM SQUARE FOOTAGFJROOMS A maximum of 402,500 square feet gross floor area (350,000 square feet leasable floor area) of retail uses; 175,000 square feet gross floor area of office uses, including up to 25,000 square feet of medical offices; 450 hotel rooms and 80,000 square feet (750 seat) of cultural facilities may be constructed on lands designated .. AC. " 7.3 GENERAL DESCRIPTION Areas designated as If AC" on the Master Plan are designed to accommodate a full range of retail, service and office commercial uses, essential services, and customary accessory uses. The approximate acreage of the "AC" district is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Activity Center tracts are designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses found in Activity Center areas. 7.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. 2. Accounting, Auditing and Bookkeeping Services (Group 8721). . Amusements and Recreation Services - Indoor (Groups 7911-7941, 7991, 7993, 7991). Apparel and Accessory Stores (Groups 5611-5699). Automotive Dealers and Gasoline Service Stations (Groups 5511-5599), Automotive Repair, Services, and Carwashes (Groups 7514, 7515, 7542). Building Materials, Hardware and Garden Supplies (Groups 5211-5261). AGENDA ITEM 7-1 No. #Wl? APR 2 7 1999 6/ 3. 4. 5, 6. /_. 9-S706lI v... Oll-MPEU.Y JlLC COODll'I NOI](>.OlII-<<I2-PNQC.227l11 Pg. 4'16199-51069 V... 01 !-MPEIUl Y ft.l&'U:: CWltllt NOI~I-oIl2-PNOC-22191 7. Business Services (Groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361-7397 except armored car and dog rental, 7389 except auctioneering, bronzing, field warehousing, salvaging of damaged merchandise). 8. Commercial Printing (Group 2752, excluding newspapers). 9. Depository Institutions (Groups 6011-6099). 10. Eating and Drinking Establishments (Groups 5812, 5813). 11. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748). 12. Food Stores (Groups 5411-5499). 13. General Merchandise Stores (Groups 5311-5399). 14. Glass and Glazing Work (Group 1793). 15. Golf Club Facilities including Ancillary Teaching Facilities and Temporary Golf Clubhouses (Group~ 7992, 7997, 7999 ) 16. Group Care Facilities (Category I and ll), Care Units, Nursing Homes and Family Care Facilities (Groups 8051 excluding mental retardation hospitals, 8052, 8059). 17. Health Services (Groups 8011-8049,8082, 8093, 8099). 18. Holding and Other Investment Offices (Groups 6712-6799). 19. Hotels and Motels not to exceed 450 rooms (Groups 7011, 7021, 7041). 20. Home Furniture, Furnishing, and Equipment Stores (Groups 5712-5736). 21. Insurance Carriers, Agents and Brokers (Groups 6311-6399,6411). 22. Legal Services (Group 8111). 23. Libraries (Group 8231). 24. Membership Organizations (Groups 8611-8699). 25, Miscellaneous Repair Services (Groups 7622-7641, 7699 except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, coppersmithing, farm machinery repair, fire equipment repair, furnace and chimney cleaning, industrial truck repair machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair). 26. Miscellaneous Retail (Groups 5912-5963, 5992-5999). 27. Motion Picture Theaters (Group 7832). 28. Multi-Family Dwellings including Garden Apartments, 29. Non-Depository Credit Institutions (Groups 6111-6163). 30. Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7217, 7219-7261 except crematories, 7291- 7299), 31. Real Estate (Groups 6512, 6531, 6541). 32. Resort Recreation Facilities including but not limited to Tennis Clubs, Health Spas, Equestrian Clubs and other Recreational Clubs (Groups 7991, 7999) 33. Public Administration (Major Groups 91,92,93,94,95,96,91) 34. Recreation Services (Groups 7911, 7922, 7929, 7933, 7941, 7991, 7993, 7997, 7999) AGENOAITEM 7-2 No. /~@')- APR 2 7 1999 PI. h J.. 35. Security and Commodity Brokers, Dealer, Exchanges and Services (Groups 6211-6289). 36. Social Services (Groups 8322-8399). 37, United States Postal Service (Group 4311 except major distribution center). 38. Veterinary Services (Groups 0742,0752 excluding outside kenneling), 39. Video Tape Rental (Group 7841). 40. Vocational Schools (Groups 8243-8299). 41. Uses permitted under Section 3.4 of this PUD, subject to the Development Standards of Section 3.5. 42. Any other principal use which is comparable in nature with the foregoing uses (including general and professional offices not specifically listed above) and which the Development Services Director determines to be compatible in the "AC" district. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses pennitted in this district. 2. Customary accessory uses for hotel and motel principal uses including but not limited to shops, personal service establishments, eating or drinking establishments, dancing and staged entertainment facilities, and meeting rooms and auditoriums where such uses are an integral part of a hotel or a motel, with common architectural standards, even if contained in a free- standing building. Other accessory uses include, but are not limited to, recreational facilities that serve as an integral part of the permitted uses such as pool, tennis facilities, parks, playgrounds and playfields. 3. Up to 50 residential units which shall not be subject to the definition of "dwelling, multiple-family," contained in Division 6.3 of the Land Development Code may be constructed east of Airport Road within the Activity Center and the residential parcel north of and adjacent to the designated Activity Center. These residential units may be rented by the day, week, month or other rental periods determined by their respective owner/manager, which shall be either the hotel located within the activity center or the entity owning the golf resort use, Each residential unit shall constitute and be counted as one of the 5,100 authorized residential units within the Pelican Marsh development and shall be developed in accordance with the residential development standards in Section 3.5 of this PUD Document. 4. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "AC" district. AGENDA ITEM 7-3 No. ~(4'J-5 APR 2 7 1999 Pg. 62 - 1!I9-5106ll Ver. OIl.MPEIUl Y ........UCllOOt70 NOI36-08I-002-PNQC.2219I 7.5 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Twenty-five feet (25') minimum or one-half the building height, whichever is greater. 2. Side Yard: Fifteen feet (15'). 3. Rear Yard: Fifteen feet (IS'). 4. Any yard abutting a residential parcel: Twenty-five feet (25'). 5. Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design and subject to written approval from PMDRC, PMCDD and Collier County Development Services Department. B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - One hundred feet (100'). D. Minimum distance between all other principal structures - Twenty feet (20'). E. Minimum distance between all other accessory structures (excluding drive-through facilities) - Ten feet (10'). F. Minimum floor area - Seven hundred (700) square feet gross floor area on the ground floor. G. Minimum lot or parcel area - Ten thousand (10,000) square feet. H. Minimum lot width - Seventy five feet (75'). I. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. ]. The maximum density for Adult Congregate living Facilities and other types of elderly housing shall be twenty-six (26) units per gross acre. AGENDA ITEM No. /01G&J APR 2 7 1999 Pg. 61. 41II\199.S1Q69 Vu Oll-MPERA Y n.L.lc-_l"CCOOO'" NOI J6.llIl.oo1-PNOC-22791 7-4 K. The net platted parcel density of hotel rooms per acre may exceed twenty-six (26) rooms per acre; however, the total number of hotel rooms permitted in the Activity Center District shall be 450. - AGENDA ITEM No.P~j3 APR 2 7 1999 ~57069 Vcr: Oll-MPEU Y c._1&COIOI10 J J6.OlII-002-PNOC-22791 7-5 Pg. ? 5'" SECTION vm GENERAL DEVELOPMENT COl\1MITMENTS 8.1 PURPOSE The purpose of this Section is to set forth the development commitments of Developer within Pelican Marsh Community. 8.2 GENERAL All facilities shall be constructed in accordance with the final site development plans, the final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except where specifically noted or otherwise set forth in this. document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the pennitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. In addition, the Master Plan and the regulations of the PUD document as adopted along with any other specific conditions or stipulations as may be agreed to in the rezone hearing before the Board of County Commissioners, shall control and be applicable to development of the subject property. The Developer, its successors and assigns shall be bound by said documents, commitments, and stipulations. 8.3 MASTER PLAN The Master Plan, WMB&P, Inc. File No. RZ-2l9-H, is an illustrative preliminary development plan. The design elements and layout illustrated on the Master Plan shall be understood to be flexible, so that the final design may satisfy the Developer's criteria and comply with all applicable requirements of this ordinance. The Development Services Director shall be authorized to approve minor changes and refinements to the Pelican Marsh Community Master Plan upon written request of the Developer. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Pelican Marsh Community PUD document. AGENDA ITEM No. /~(LJ3 APR 2 7 1999 Pg. b t .,16I99-SlII69 Vcr: 01 !-MPERIl Y ,,",Uc.u:c.ol70 1'101 ]6.OlIHlO2-PNOC-22791 8-1 2. The minor change or refinement shall meet the cntenon of Section 380.06(19)(e)2., Florida Statutes, and shall not require a determination and Public Hearing pursuant thereto. 3. The minor change or refinement shall not constitute a substantial change pursuant to Article 2, Division 2.7, Subsection 2.7.3.5.1. of the Collier County Land Development Code. 4. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and Reserve areas within or external to the PUD. B. The following shall be considered minor changes or refinements, subject to the limitations of PUD Section 8.3.A: 1. Reconfiguration of Reserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review. 2. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County, and where there is no further encroachment into Reserve areas. 3. Reconfiguration of golf course envelopes and design features. 4. Internal re1lignment of rights-of-way other than a relocation of access points to the PUD. 5. Reconfiguration of residential parcels when there is no encroachment into Reserve areas. C. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refmements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Development Services Director's consideration for approval. D. Approval by the Development Services Director of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. AGENDA ITEM No. ~~J-3 APR 2 7 1999 Pg, h7 -- /99.j706g Ver. Oll-MPERRY M,.LCCDDOI10 rlOI:J6..08I.002-PNOC.22191 8-2 8.4 POLLING PLACES Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code, accommodation shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement between the Supervisor of Elections and the Developer was recorded in the . official records of the Clerk of the Circuit Court of Collier County, and is binding upon any and all successors in interest that acquire ownership of such common areas including homeowners associations or tenants associations. This agreement provides for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 8.S MONITORING REPORT An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. 8.6 SUNSETTING This PUD is subject to the Sunsetting provision as provided in Article 2, Division 2.7., Section 2.7.3.4 of the Collier County Land Development Code, until such time as Collier County issues a DR! Development Order for the Pelican Marsh Community, at which time the provisions of the Development Order relative to duration and effective date shall govern. 8.7 TRANSPORTATION B. D. 41161'J9-~7069 v. OJl-MPERllY FL....UOC<*SOI10 NOI36-081-002.PNQC.22?91 A. The developer shall provide appropriate left and/or right turn lanes at all community access points to public rights-of-way at the time of construction of each access. The developer shall provide arterial level street lighting at all community access points to State or County public rights-of-way at the time of construction of each access. C. The developer shall provide a fair share contribution toward the capital cost of traffic signals at any community access points to a public right-of-way when deemed warranted by the County. These signals will be owned, operated and maintained by Collier County. Collier County and Developer entered into an Agreement dated January 12, 1993, (herein "Agreement") to address the alignment and environmental rnu TEM 8-3 No. /t?2(j!.l. APR 2 7 1999 Pg. bf .- Vanderbilt Beach Road (herein "VBR") through the Pelican Marsh Community property; and to address environmental permitting for the expansion of Good1ette- Frank Road from Immokalee Road to VBR. E. As is set forth in the Agreement, Developer is responsible for the environmental permitting for the preferred road alignment of VBR within the Pelican Marsh Community PUD property. Pursuant to the Agreement, Developer is eligible for Road Impact Fee credits for half of their expenditures per the Agreement in obtaining environmental pennits. F. Developer agrees to dedicate to Collier County the road right-of-way required for that section of VBR within the Pelican Marsh Community PUD boundaries owned by Developer, upon request by Collier County, so long as that right-of-way is the alignment depicted on the Pelican Marsh Community PUD Master Plan or an alternative alignment acceptable to Developer. Developer shall be eligible for Road Impact Fee credits for this dedication pursuant to Ordinance 92-22 and Section 380.06 (16) Florida Statutes, 1992, as is further set forth in Section 8.12 hereof. The value of said right-of-way dedication shall be equal to Developer's cost of acquisition of the property. G. There are acknowledged benefits to both the County and Developer in the alignment of VBR shown on the Pelican Marsh Community PUD Master Plan, and as referenced in the Agreement and hereinafter as the "Preferred Alignment" . However, there is the potential that the cost of environmental pennitting, mitigation, design, and construction of the road segment in its Preferred Alignment could be more expensive than an alternative alignment within the area of consideration referenced in Attachment 1 to the Agreement. If the ultimate alignment of VBR within the Pelican Marsh Community PUD boundaries is the Preferred Alignment or the ultimate alignment is otherwise acceptable to Developer, Developer agrees to pay the "Differential Cost" for the segment of VBR within Pelican Marsh Community PUD boundaries. "Differential Cost" means the reasonably ascertainable additional cost of environmental pennitting, environmental mitigation, design and construction of that segment of VBR within the Pelican Marsh Community PUD boundaries as compared to the total of the same cost elements for permittable alternative alignments within the area of consideration referenced in Attachment 1 to the Agreement. Developer shall not be entitled to reimbursement under the Agreement or Road Impact Fee credits for the "Differential Cost" described herein. H. The cost for design, permitting and construction of the Goodlette-Frank Road overpass structure, approved by the Board of County Commissioners to accommodate up to six (6) lanes, is not the County's responsibility, but that of the development entity. -- '99-S7069 Vrr. OII-MPElUl Y ,~I,.CCOlIIDI1. J I :J6.4ll1.G02-PNOC-22191 8-4 AGENDA ITEM No. P ~J3 APR 2 7 1999 Pg. b9 I. Payment of Road Impact Fees shall be in accordance with the applicable ordinance as amended with the stipulation that payment shall occur at the time of building permit issuance or in accordance with the requirements of the Collier County Land Development Code, Division 3.15, Adequate Public Facilities. I. These transportation stipulations set forth in Section 8.7 of the PUD are not intended as a novation of the referenced Vanderbilt Beach Road Agreement; said Agreement remains in full force and effect, except to the extent certain provisions of the same may be specifically superseded by the provisions of Section 8.7. K. The developer shall build, at its cost, a Vanderbilt Beach Road buffer within the Pelican Marsh Community PUD property south of the Vanderbilt Beach Road right- of-way and north of Hickory Road right-of-way. This buffer shall include a minimum six foot henn landscaped and irrigated except where the roadway is located adjacent to Lake Bunting. Adjacent to Lake Bunting where a berm cannot be constructed due to limited width, the buffer will include canopy trees and shrubs. The buffer area will be completed prior to the opening of Vanderbilt Beach Road for public use. L. Internal access between the Pelican Marsh Community Activity Center and the Pelican Marsh Community shall be designed in a manner that provides for vehicular, pedestrian, and bicycle access to the Pelican Marsh Community Activity Center uses without requiring residents of Pelican Marsh to exit the Community. Such access may be restricted by the developer to maintain the privacy and security of the Pelican Marsh Community residents. Vehicular, pedestrian and bicycle access connections between the Pelican Marsh Community and the Activity Centers located at the Vanderbilt Beach Road/U.S. 41 intersection and the Immokalee RoadlU.S. 41 intersection shall not be required. M. No final local development orders (building permits) will be granted for Activity Center uses until the completion of two lanes of Vanderbilt Beach Road from U.S. 41 to Airport-Pulling Road. Final Subdivision Plat applications and Final Site Development Plan applications may be submitted and approved for Activity Center uses after commencement of construction of Vanderbilt Beach Road from Airport- Pulling Road to U.S. 41. N. The Pelican Marsh Community shall be subject to any duly adopted fair share or pro-rata funding mechanism established by Collier County to implement an area- wide pedestrian and bicycle path system. Pelican Marsh Community may be eligible for credits to be applied toward its fair share pro-rata contribution based on contributions made for the improvements to U.S. 41, Vanderbilt Beach Road, and Goodlette-Frank Road. AGENDA ITEM No. ~U)-' APR 2 7 1999 Pi. 10' 4'16Ill9-$7069 Vor. OII-MPEIUlY n.lM:n.cCDDltI?l NOI36-OIl1-0D2-PN<X;.22791 8-5 O. The amended Pelican Marsh Community PUD Master Plan, Map "H-2" attached as Exhibit A to the PUD Document, indicates the approximate location of access points to the Pelican Marsh Activity Center and indicates full access or directional access. The location of these access points is subject to change and will be fmalized at the time of permitting. P. Developer agrees to dedicate (or cause to have dedicated) to Collier County the road right-of-way required for that section of proposed Livingston Road within the Pelican Marsh Community PUD boundaries. The conveyance shall dedicate all property within the Pelican Marsh Community PUD east of the FPL easement to the County and be by general warranty deed with a disclaimer as to suitability of purpose. The timing of the dedication shall be at the request of Collier County and Collier County shall be responsible for all costs of conveyance. Developer shall be entitled to impact fee credits for this dedication pursuant to Ordinance 92-22 and Section 380.06(16), Florida Statutes, (1995). The value of the dedicated property shall be determined p~rsuant to Subsection 2.7.2.8.1. of the LDC. 8.8 WATER MANAGEMENT B. C. D. E, - '9!l-S1069 Ver. OIl-MPERIlY J/C.#U:CGIi0170 f\IOl>>-08I-G02.PNOC.22" I A. An Excavation Permit will be required for proposed lake(s) and Pine Ridge Canal relocation in accordance with Division 3.5 of Collier County Ordinance No. 91-102 and South Florida Water Management District rules. A copy of a South Florida Water Management District Permit or Early Work Permit is required prior to construction plan approval. A letter of no objection from the Collier County Utility Division stating that no adverse impacts on the percolation ability of the adjacent wastewater treatment ponds will occur as a result of the Pine Ridge Canal relocation shall be provided prior to subdivision construction plans approval or Preliminary Work Authorization, which ever occurs first. Preliminary Work Authorization was approved by the Board of County Commissioners on May 20, 1993, and amended on April 19, 1994. All off~site flow collection and routing facilities shall be reviewed and approved by Collier County Development Services Department at the time of subdivision construction plan approval. The fixed crest weir with emergency underflow gate which replaces the existing amil gate will be reviewed and approved by Collier County at the time of Cocohatchee Strand Restoration Plan construction plans or Preliminary Work Authorization approval. Preliminary Work Authorization was approved by the Board of County Commissioners on May 20, 1993, and amended on April 19, 1994. 8-6 AGENDA ITEM No. /,z..r:A')3 APR 2 7 1999 Pi. I] / F. As long as Collier County has operation and maintenance authority over the existing Pine Ridge Canal amil gates on Immokalee Road (CR 846), Developer or the PMCDD will pay for the design and construction costs associated with the rehabilitation of said amil gates. The rehabilitation will be limited to normal refurbishment of the gates (including the bearings and access walks) and the gate seals (if required). Replacement of the gates, cradles, structures, or foundations, if required, will not be the responsibility of Developer, the PMCDD, or their assigns. Collier County will contribute $9,000.00 to the cost of design and construction. The rehabilitation shall be completed by the time the Cocohatchee Strand Restoration Plan is certified complete to South Florida Water Management District. G. Water management and canal easements conveyed to SFWMD and the County will be per the Pelican Marsh Preliminary Work Authorization as amended on April 19, 1994. H. If legally and physically possible, the PMCDD will maintain that portion of the Pine Ridge Canal off-site from the south border of the PUD to a point immediately south of the Immokalee Road amil gates. Maintenance responsibility by the PMCDD for this portion will cease at the time of final development order for the property encompassing said portion of canal. The PMCDD will not be responsible for capital improvements to the canal or improvements to make reasonable access to and along the canal possible. I. The rate of post-development stormwater discharge into the Pine Ridge Canal, Airport Road Canal and Immokalee Road Canal will be determined by SFWMD during the surface water management permitting process. 8.9 UTU.n1ES A. Temporary construction and/or sales trailers may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable or irrigation wells. B, Golf course rest stations and maintenance buildings may be permitted to use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 100-6, and may use potable and irrigation wells. C. The project will be served by central potable water distribution, fire protection and sewage collection facilities. D, Irrigation water will be provided with a separate distribution system supplied by onsite wells, reclaimed water or other non-potable water source. AGENDA ITEM No. / d-.(2f)J APR 2 7 1999 411lS/99-51069 Vcr. OIl.MPEIUl Y 1'LWc.-.LCCDD01", NOIJ6.4lII.()(l2.PNOC-127l11 8-7 Pg. IJ ,J.. - .- 99-S7Ol59 Vcr. 01 '.MPERJl Y ~"U:ODOO11O .,~ IJ6-OIlI.002-PNOC.22791 E. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76 (refer to agreement that approved PMCDD, Resolution #93-187), as amended, and other applicable County rules and regulations. F. PMCDD will be responsible for installing potable water and irrigation water seIVice connections to distribution mains for single family only. Use of the seIVices will be approved on final inspection and acceptance by Collier County. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. G. The on-site water distribution system seIVing the project must be connected to the Collier County Water-Sewer District's (the District) water main available and adjacent to the Community boundaries consistent with the main sizing requirements specified in the project's Utility Master Plan and extended throughout the project. During design of these facilities dead end mains shall be minimized by looping the internal pipeline network where feasible. H. The project's Developer(s) his assigns or successors may negotiate an Agreement with the District for the use of treated sewage effluent within the project limits, for irrigation purposes. The Developer would be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on-site storage facilities, as required by the FDEP consistent with the volume of treated wastewater to be utilized. I. The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (1) main on-site pump station for each sewage collection basin. Due to the design and configuration of the master pump station, flow by gravity into the station will not be possible. The Developer's Engineer shall meet with the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the County's sewer master plan. J. The existing off-site utility facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. This requirement will be waived provided a written statement is obtained from Collier County Utilities AGENDA ITEM 8-8 No. /d Ct$ L5 APR 2 7 1999 Pg. 13 Division stating that the District has adequate facilities and capacities to serve that phase of the project at the time utility service is required. K. The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved as required outside the project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. This requirement will be waived provided a written statement is obtained from Collier County Utilities Division stating that the District has adequate facilities and capacities to serve that phase of the project at the time utility service is required. L. Within the Pelican Marsh Community landscaping (including palm trees, shrubs and groundcovers), sidewalks/paths will be allowed within utility easements including placement within three feet (3') of a utility line. Canopy trees may be located seven feet (7') from the utility line (seven feet (7') being measured from the trunk: of the tree to the centerline of the utility line). Reconstruction of sidewalk/pathways or moditicationlre-installation of plant materials due to necessary maintenance of utility line will be the responsibility of the Developer its successors or assigns. M. Collier County Utilities Division shall allow the installation of potable water and irrigation water service connections to distribution mains during construction of the single family subdivision utilities. The installation will be scheduled upon request and payment of fees by the developer, its successors and/or assigns. The installation will be in accordance with the approved plans and specifications, current policies and procedures, and performed by the developers' contractor. The contractor must be approved for the installation by the Collier County Utilities Division. Fees will be determined by the current ordinance in effect at the time of the request for connections. Reimbursement of connection fees will be rebated to the developer annually based on meter installations. N. Developer will prepare a study to determine the most effective and efficient means to shield the light source spill-over from the sports field lights at Veteran's Park. The study will address the approach, installation methods, costs and scheduling of the work and will be presented to the Collier County Parks and Recreation Director for review and approval. Should the improvements be determined by the County to be expenses that are eligible for impact fees credits, the developer will provide the County with engineered drawings and specifications suitable for bidding by the County. Developer will pay the County the value of light shield installation and receive impact fee credit, if it qualifies under the County's Parks and Recreational Facilities Impact Fee Ordinance, for the actual cost of the work pursuant to the terms of the impact fee ordinance. AGENDA IW No. ~X4:. APR 27 1999 4/16199-51069 Vr. Ol!-MPEIUlY ,,"w.t.cCOOO1"tO NOIJ6.(Jlll-002-PNOC-n79' 8-9 Pg. 7 If 8.10 ENVIRONMENTAL A. In order to avoid repetitive review of environmental issues in subsequent stages of the County development approval process, the requirement for obtaining approval of an Environmental Impact Statement (EIS) pursuant to Division 3.8, Section 3.8.3 of the Collier County Land Development Code shall be deemed satisfied for all future activities which take place within the Pelican Marsh Community PUD boundaries that require County permits for or County approval of development or site alteration. This provision is based upon (1) approval of the Pelican Marsh Community application for Development of Regional Impact and the Pelican Marsh Community Environmental Supplement submitted in conjunction with this Application For Public Hearing for PUD Rezone; and (2) the Pelican Marsh Community PUD EIS submitted in conjunction with the Application for Public Hearing for PUD Rezone which was approved via County Ordinance #93-27. This provision shall apply to the Developer, its successors, or assigns. B. Pursuant to Collier County Land Development Code Article 3, Division 3.8, Section 3.8.8, the Pelican Marsh PUD EIS cited in provision 8.1O.A above shall constitute Collier County's review and approval of all environmental resources and environmental quality issues contained in the Pelican Marsh Community Application for Development of Regional Impact in so far as said issues specifically pertain to lands contained within the Pelican Marsh PUD boundaries, as defined via County Ordinance #93-27. C. Provisions 8.10 A and B above do not relieve the Developer from providing, or foreclose the County from requesting, infonnation relative to new or changed environmental conditions on the site relative to species of special status pursuant to Collier County Land Development Code Section 3.8.5.4.1.5.d. and e, D. The Collier County 'ST' overlay has been eliminated and replaced by this Planned Unit Development, however all existing Collier County wellfield and/or groundwater protection zones shall remain in effect unless otherwise modified by Collier County. 9-571l69 Vr:r. Ol!-MPEIUl Y ..LC(.'IOOOI?O ",OI36-GII.Q02-PNOC.22llll E, The Cocohatchee Strand Mitigation Bank is hereby cre3ted and incorporated into this PUD by reference. The Cocohatchee Strand Restoration Plan (WMB&P, Inc. File No. ENV -88) depicts the improvements contemplated under the Cocohatchee Strand Restoration Program and itemizes in tabular fonn the Cocohatchee Strand Mitigation Bank features including mitigation ratios and available credits for impacts to Collier County jurisdictional wetlands, It is understood that changes to both the Cocohatchee Strand Restoration Program and the Cocohatchee Strand Mitigation Bank may be required by regulating agencies. If such changes cause a need to modify or revise the Cocohatchee Strand Restoration Program and Mitigation Bank AGENDA ITEM No. ~(823 APR 2 7 1999 8-10 Pg. ?6 as depicted on the Restoration Plan, such modifications and reViSions may be administratively approved by the Collier County Development Services staff. F. In accordance with Policy 7.3.5 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, gopher tortoises shall be relocated to the "GCO" District and to the Xeric Scrub Conservation Area. Compensation for lost habitat whose extent has been approved by the Florida Game and Fresh Water Fish Commission (FGFWFC) shall be in accordance with FGFWFC policy. G. Collier County shall defer all environmental permitting regarding wetlands, wetland impacts, and wetland mitigation to South Florida Water Management District. The developer shall coordinate with and copy Collier County on all approved permits. 8.11 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS Pelican Marsh Community shall be required to conform with the subdivision improvement requirements set forth in Collier County Land Development Code Article 3, Division 3.2, Section 3.2.8 unless otherwise stated in this PUD. The following substitutions to the improvement standards are approved for Final Subdivision Plat requirements: A. Sidewalkslbike paths shall conform with Subsection 3.2.8.3.17 except as follows: 1. Pelican Marsh Boulevard shall be considered a minor collector street and shall be required to have a sidewalk or bikepath on each side of the street. 2. All other through streets shall be considered local streets and shall be required to have a sidewalk or bikepath on one side of the street 3. All cul-de-sacs serving more than fifty (50) single family lots shall be required to have a sidewalk or bikepath on one side of the street. 4. All cul-de-sacs serving fifty (50) or less single family lots shall not be required to have a sidewalk or bikepath provided the following conditions are satisfied: a. The right-of-way section shall include two twelve foot (12') wide travel lanes, and b. the gross density of the cul-de-sac shall be less than two (2) units per acre. B. Private streets shall conform with the right-of-way and pavement width requirements of Subsection 3.2.8.4.16.5 except as follows: AGENDA ITEM No. /~).... APR 2 7 1999 8-11 4'lf/!I9.r1069 Ver: OIl.MPEIUlY JLlM....c:aIOGI1. NOl36-08I-002.PNQC.22791 Pg. 7b 1. Cul-de-sac and local streets less than one thousand feet (1,000') in length are required to have a minimum forty feet (40') right-of-way width and two ten foot (10') wide travel lanes, subject further to the conditions of Section 8.ll.AA of this PUD. 2. All other cul-de-sacs are required to have a minimum fifty feet (50') right- of-way width and two ten foot (10') wide travel lanes, subject further to the conditions of Section 8.ll.AA of this PUD. 3. All other local streets are required to have a minimum fifty feet (50') right- of-way and two twelve foot (12') wide travel lanes. 4. Where sidewalk design substitutions are desired per Section 8.11,AA of this PUD, cul-de-sac streets shall have a minimum of two twelve foot (12') wide travel lanes. C. Cul-de-sacs shall conform with the requirements of Subsection 3.2.8.4.16.6. but may exceed a length of one thousand feet (1000'). D. Tangents between reverse curves shall not be required under Subsection 3.2,8.4.16.10 except on Pelican Marsh Boulevard where the requirement shall be seventy-five feet (75'). E. Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14 provided that applicable Rorida Department of Transportation, Manual of Unifonn Minimum Standards (FOOT MUMS) and AASHTO criteria are met. F. Roadside slopes within private street rights-of-way may be allowed to a maximum of 3: I in accordance with FDOT MUMS, page ill-35, 8.12 PINE RIDGE CANAL The existing Pine Ridge Canal within the PUD boundaries will be relocated as shown on the Pelican Marsh Community Master Plan. The design of the relocated canal incorporates features intended to fully mitigate for any impacts associated with its construction and elimination of the existing canal, and shall therefore not require the use of mitigation credits established under the Cocohatchee Strand Restoration Plan. Maintenance of the Pine Ridge Canal and associated control structures within the boundary of the Pelican Marsh Community PUD shall be the responsibility of the PMCDD. 8.13 DEDICA nONS All dedications of property or facilities for a public purpose, whether by .- may, at Developer's option, contain a condition limiting the use to said pub c p~ 9-mI69Ver:OI!.MPEIUlV . .LCCON". 8-12 ,.., 1J6.081-002-PNOC-22791 APR 2 7 1999 Pg. 97 addition, said dedication, at Developer's option, may contain a reverter clause in the event the public purpose use is discontinued or not commenced within a reasonable time period. The "reasonable time" will be agreed to between the developer and the grantee at the time of the dedication, it being the intent of the grantee to have sufficient time to commence the use of the dedication. 8.14 PELICAN MARSH COMMUNITY SCHOOL SITE The Pelican Marsh Community School Site as shown on the PUD Master Plan shall be subject to the following standards and restrictions: A. Permitted Use 1. The school site shall only be improved for and used as a school for school purposes. B. Building Setback Lines, Size of Building and Building Height 1. The minimum setback of any structure (including temporary, accessory and portable structures) from a property line or right-of-way line shall be twenty- five (25) feet on the northern and western property lines and fifty (SO) feet on the eastern and southern property lines. 2. No principal structure of any kind shall exceed three (3) stories in height and accessory structures shall be limited to a maximum of twenty (20) feet in height. The maximum height of any structure shall be measured as set forth in the Collier County Land Development Code. C. Landscaping 1. All areas not covered by structures, walkways or paved parking facilities shall be reasonably maintained and irrigated as lawn or landscape areas to the pavement edge of any abutting streets, to the property line and/or to the location required by South Florida Water Management District of any abutting lakes, canals or water management areas. No stone, gravel or paving of any type shall be used as a lawn. All required lawns and landscaping shall be complete at the time of completion of the structures evidenced by the issuance of a certificate of occupancy by the appropriate governmental agency. D. Signs 1. 4'1~mlIS9 V<<: Oll-MPERR. Y R.Wc.e14= tMltl7'O NOI36-Ol1.0D2-PNOC.2279\ APR 2 7 1999 Pg. 75 may be fluorescent uplight from grade. No neon or. colored lighting is allowed. All signs must also conform with the Collier County Land Development Code. E. Exterior Lighting 1. All exterior lighting for the school buildings shall be for the expressed purpose of safety and security only and shall use fixtures, light source, installation and control techniques to contain light within the School Site and eliminate or minimize light spillage into or onto adjacent properties. There shall be no nighttime lighting of athletic or recreational playing fields or courts or playgrounds within the School Site. F. Outdoor Equipment 1. All garbage and trash containers, oil tanks, bottled gas tanks, swimming pool equipment and housing and sprinkler pumps and other such outdoor equipment must be underground or placed in walled-in or sight-screened, fenced-in areas so that they shall not be readily visible. 2. For structures at the maximum building height, all vents, stacks, and mechanical equipment of any nature and type, and other such outdoor equipment located on roof areas shall be sight-screened so that they shall not be readily visible from adjacent properties. 3. All active sports areas including baseball, soccer, basketball, football, etc., shall be setback twenty-five (25) feet from the easterly and southerly property lines. 8.15 NOTlFICA nON OF PROXIMITY TO COUNTY F ACIT..ITY Developer shall include the following Notice in its sales contracts with purchasers within PMC who are acquiring an interest in real property for residential purposes from Developer located within 500 linear feet .of the closest boundary of the County's Wastewater Treatment Plant parcel on Goodlette Road: "This is to notify you that the property you are acquiring is located within 500 linear feet of the property boundary of Collier County's Wastewater Treatment Plant. This notification is made at the request of Collier County. \I - The above notification will no longer be required when and if the County adopts an ordinance or regulation addressing the subject; provided however that comply with the requirements of said ordinance or regulation, where appli '99-$7069 Vr:r. Ol!-MPERRY ,.""<*0110 8-14 "IJ6.OllI~-PNOC-22791 APR = 7 1999 Pg. 79 ~.::;:=- ----- .-.-.......- d!IlSJaUlJlId pQ~ 'I~ 10M ~~l!'(1P8WW1dV SSmunwwoO 4S.JB~ UBO!lSd U'81d J818'8n (H dvy.j paS!^al:J) ZH dllYi V v.q!4X3 MlJllj,~ ~ .......~ '-'" ., -=a--.'........ >1111'( . NOS"lIAi Ei c ~:! I ~ .J rc >- - 'c ::::J E 8 .1 I u : ~J i .r= ! I m 11 I ~ i JI Jill.' I" ed ~ Ie!.. I I I : . UIJ ~. i Jt I ~ I)f i "ll t I Ii "'! I C a ! i fn:. " J i i ~h J! ! ed I 0 I ~ j [] 000000 B ; oj c . t oj :: ~ uu uu u c" C <Ill: c ... 0 .. __ .. '" 0 '*.. '" .. . % :: . J I AGENDA I~I? No. #0p APR ,,~ 1999 II Ii Pg. R() I I. EXECUTIVE SUl\fMARY DOA-99-01, GEORGE L. VARNADOE OF YOUNG, VAN ASSENDERP & VARNADOE, P.A., REPRESENTING WCI COMMUNITIES L.P. FOR AN AMENDMENT TO THE PELICAN MARSH DEVELOPMENT OF REGIONAL IMPACT (DRI) DEVELOPMENT ORDER NO. 95-01, AS AMENDED, FOR THE PURPOSE OF INCREASING THE AUTHORIZED AMOUNT OF RETAIL FLOOR SPACE BY 57,500 SQUARE FEET OF GFA, AN INCREASE OF FIFTY (50) HOTEL ROOMS, AND A REDUCTION IN MEDICAL OFFICE SPACE OF 25,000 SQUARE FEET OF GFA, FOR PROPERTY BORDERED ON THE WEST BY TAMIAI TRAIL NORTH (U.S. 41), ON THE EAST BY THE FUTURE LIVINGSTON ROAD, AND ON THE SOUTH BY VANDERBILT BEACH ROAD IN SECTIONS 25, 27, 34, 35 & 36, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2072.88.::!: ACRES. (COMPANION TO PUD-93-01(4)) OBJECTIVE: This petition seeks to have the Pelican Marsh Development of Regional Impact (DRI) Development Order amended for the purpose of revising the authorized amount of commercial land uses, including increasing the number of hotel rooms, ,.- CONSIDERATIONS: Pelican Marsh PUD is a Development of Regional Impact (DRI) Development Order which has authorization to construct a specified development strategy. The purpose of this amendment is to adjust levels of development in terms of authorized commercial floor space and number of hotel units from that of the most recent amendment, which nonetheless is less intensive (except for hotel space) than that approved in the original DRI Development Order. A summary of the changes from the original approval is shown on the following page: Both the SWRPC and DCA have reviewed these revisions and they have advised that these revisions do not constitute a substantial change. The Collier County Planning Commission heard this petition on April 1, 1999 and they recommended approval. One planning commissioner voted "nay" and therefore this petition could not be set for the BCC summary agenda. FISCAL IMPACT: The fiscal impact was addressed in the companion zoning amendment petition. AGENDA ITEM No. /.:2 (C) / I APR 2 7 1999 GRO\VTH MANAGEMENT IMPACT: Pg. / ,.. ..~.",.,,,~.,.,.,,,.._".,...,,,,,-~,,,,,._,........,,....,,,.,,..,, ~."'- .......,....-....--_....._-""-.,""'..,,"_..........~..-...,_. Petitions deemed to be consistent with all provisions of the Growth Management Plan can not have an impact on the Collier County Gro\\th Management Plan. This petition was reviewed for consistency and was found to be consistent with all provisions of the Gro\\th Management Plan. HISTORIC/ARCHAEOLOG]CAL ]MPACT: Staffs analysis indicates that the petitioner's property is located outside an area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no Historicall Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That the Board of County Commissioners approve Petition DOA~99-1 being an amendment to the Pelican Marsh DRI Development Order as described by the Development Order amendment included with this executive summary submission. " RRtp ARErJ t.v ~I !\ I, ,J , \' . \ ;. /1 ,. , , , , .' s-J\,.......,(l.. _~) Il;~. ~ , RONALD F. N]NO, A]CP CURRENT PLANNING MANAGER r-,,} "I'C:.(. '.' \ .. \ \ DATE -. REVIEWED BY: .~ --------- &OBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR y - 7 -7? / DATE A~~EDBY: ~.~(. '\,t VINCENT A. CAUTERO, A]CP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. ~ y.-/9~7~ DATE DOA-99-1 EX sur"IMARY/md ,- AGENDA !TEM No. /~(c.) I APR 2 7 1999 Pi.. ~ - - co = -.cu ~i~ ~ ." ~ : ~e t'$ = ~ :;t'$..... e.l:lO\ ::Jug; u - u ~ c ~ U ..... I lrl C7'\ o ~ ~ u z - 00 rn ~ ~ Z < - - U ~ rn ~ o z < ~ o ;:J c.. - - ~ o u Q., o Z 0\ 0\ 0\ - c:J ell - t'$ ..c: U ~ o Z r- 0\ 0\ e.- III :::J "'::l , - - - rn ,." - -< - ~ Z < U - ..J ~ .... - - - ,;.., 0\ e.- O ~ 0 I/)~ 0\ ' 0\ '" -~ 3'0 '" ""2-:: ~ :. ';: '= ::! ~ ::: c: :s- ~~ 21 .~ o o .,.. I o o o - .0 ,~ I:: ::J tlIl ,5 Q) ~ "0 o o V"l I .~ - :; o o .,.. .~ I:: ::l gf Q) ;;,. .0 o o 1.0. 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E o u II) v = C o r- - + o o .,.. + o o V"l 00::- cci- ,~ t:rt'$ I/) Go> o Vl 00 0"" .r- 0- 00 o N - o + o o 00::- C:::";;;' o-~ I/) 0 Vl 00 0V"l O.r- 0- 00 - Vl t; <:.> Vl o V) t::, <:: o 00 N 0- Vl o o o o 00 ~ '2 ::; c:; B .... 3 <J U :':l .... '" '" u I/) Cl) "0 .c r- N + o Vl Cl) "0 .c I") 1.0 Vl II) "0 ..c: r- N + t/) (l) "0 .c M \0 Vl II) "0 .c 1.0 M <:.> Vl .... ::l o U '- o o ~ .... u co 00::- -.0 ~ '" ~ u co C"i .,.. .,.. + o o '" II) .... u co ~ o I") I") Vl (l) .... u co N ..,f - - '" II) .... u ~ "1' -.0 I") + Vl ~ u co C"i .,.. .,.. + Vl C) .... U r:l 00::- o I") M Vl C) .... U r:l C"i 00::- - - Vl (l) .... U r:l 00::- 0\ N Vl <:J .... U co 0\ V) Vl ~ ~ -< '3 I:: f2 ,~ 8 iii '" C ~ ~ c := v 815 ~ c ~ '&. . ~ e , v ~ ~ ~ } AGENDA ITEM No. /.t (c..) f APR 2 7 1999 i I .. .--.---- Pi.J AGENDA ITEM 7-H ^ .' \ l/~ (r..;. ~ MEMORANDUM T( _ -'.LJ....u.;.!'- LUU NTY PLANNING COMMISSION FROM: COMl\illNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: MARCH 9,1999 RE: PETITION NO: DOA-99-1, PELICAN MARSH OWNER/AGENT: Agent: Mr. George L. Varnadoe Young, vanAssenderp & Varnadoe 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 Owner: WCI Communities, L.P. 24301 Walden Center Drive Bonita Springs, Florida 34134 .- REQUESTED ACTION: This petition seeks to have the Pelican Marsh Development of Regional Impact (DR!) Development Order amended for the purpose of revising the authorized amount of commercial land uses, including increasing the number of hotel rooms. GEOGRAPmC LOCATION: The land area lies north of Vanderbilt Beach Road extending from U.S. 41 N.rramiami Trial North to the Livingston Road right-of-way with some exception for land lying south of Vanderbilt Beach Road at the intersection of Vanderbilt Beach Road and Goodlette-Frank Road and encompasses an area of 2,072.88 acres. (see location map following page) PURPOSE/DESCRIPTION OF AMENDMENT: The purpose of this amendment is to adjust levels of development in terms of authorized commercial floor space and number of hotel units from that of the most recent amendment, which nonetheless is less intensive (except for hotel space) than that approved in the original DR! Development GENOA ITEM No. / ~ (c.. ') I ~ A summary of the changes from the original approval is shown as follows: 1 APR 27 1999 Pg. tj - - . l::I -~~ Q - a "'i"Cl ., .. 1:1 ~ ~ ~ . ::.9 :;CII.... ~~i u - ., CI 1:1 Ie .c U - , an C\ o Q r-J U Z - CI.) en r-J r:." 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U <<I 0- .,., g . .; ~ , '" II) .. <: c ,::: ;;; ;> ... u ~ o u '" ... ~ '- :::I ex) --- '" u .., 0- In C '" Co. o ~ , i . ~ ! ~ ~ AGENDA IT" No. /.R @. I J APR 2 7 1999 o Pg. Southwest Re~ional Planning Council - The SWRPC heard the Notice Of A Proposed Change To A Previously Approved Development Of Regional Impact (NOPC) pursuant to Subsection 380.06(19) Florida Statutes on March 18, 1999. The Regional Planning Council adopted the following report prepared by its staff: 1. Notify Collier County, the Florida Department of Community Affairs (DCA) and the applicant that the proposed changes do not create additional regional impacts or any regional impacts not previously reviewed by the Regional Planning Council, and the Council participation at the local public hearing is not necessary, unless requested by the County for technical assistance purposes. 2. Notify the Florida Department of Community Affairs that their participation at the local public hearing is not requested by the SWFRPC. 3. Request Collier County provides SWFRPC staff with copies of any development order amendments related to the proposed changes not contained in the NOPC, as well as any additional information requested of the applicant by DCA or the County. Department of Community Affairs: - Staff was advised by the Department of Community Mfairs that they have reviewed the notification of a proposed change (NOPC) for the Pelican Marsh Development of Regional Impact (DRI). The DCA conclude that these changes will not create any additional regional impacts. Therefore, pursuant to Section 380.06(19)9f)4., F.S., the Department had no objection to this NOPC. STAFF REVIEW: The NOPC amendments were reviewed by other County staff with jurisdiction responsibility for elements of the GMP. No issues were raised by staff that would further cause the Development Order to be further amended or otherwise changed in response to the changes in commercial intensity. The traffic analysis impact of the changes advise that this amendment when compared with authorized levels of development approved in the original development order will generate 17.4% fewer peak hour net new external trips. In the opinion of statT, even with the upward adjustment to intensity of commercial development (both retail and offices) development levels are significantly lower than customarily allowed (i.e. 10,000 square feet per acre) on 80 acres ofland. It should be noted that purchase contracts are in place for most of the activity space in the activity center and it has become apparent that this has resulted in more definitive site planning which showed an ability to more intensively use the space without exceeding traditional thresholds. 2 I I AP:? 2 7 1999 6 Pg. AGENDA ITEM No. /~ if-) / - STAFF RECOMl\fENDA TION: That the Collier County Planning Commission recommend approval of Petition DOA-99-1 as described by the amending DR! Development Order resolution. ~~B~ R~~'F. ~MO~ CURRENT PLANNING MANAGER o~. \0 ,q-'1 DATE REVIEWED BY: ~ &.OBERT J. MULHERE, A1CP PLANNING SERVICES DEPARTMENT DIRECTOR o f-j l. --?~ DATE APP~Y~. ~ VINCENT A. CAUTERO, AICP, ADMINISTRATOR COl\1MUNITY DEV. AND ENVIRONMENTAL SVCS. :]./ /' :/--4}]' DATE Petition Number DOA-99-1 Staff Report for the April 1, 1999 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: ~.~ J. BRUET, CHAIRMAN OOA-99-1 STAFF REPORT/md AGENDA ITEM No. /o<~) / , 3 APR 27 1999 ~ Pg. APPLICA TION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES PUD93-01(A) PETITION NUMBER DATE :~ 1: (~ i~ ~ \I 17 it:' Q ...ul.L..........,..~LW~tk:?' ..,'" . ":'".:', ...A ,J --------------- 1. Name of Applicant(s) WCI Communities Limited Partnership. a Delaware limited partnership Applicant's Mailing Address 24301 Walden Center Drive City Bonita Springs State FL Zip 34134 Applicant's Telephone Number: Bus.: (941) 947-2600 Fax: Is the applicant the owner of the subject property? x Yes No (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. x (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. ( e) If applicant is a lessee, attach copy oflease, and indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. WCI Communities Limited Partnership is a Delaware limited partnership consisting of investors of WC!. Inc.. general partner. and Communities Investor. limited partner. 2. Name of Agent George L. Varnadoe Firm Young. van Assenderp & Varnadoe. P .A. Agents Mailing Address 801 Laurel Oak Drive. Suite 300 City Naples State Telephone Number: Bus.: (941) 597-2814 FL Zip Fax: (941)597-1060 34108 3. PUD ORDINANCE NAME AND NUMBER: Currently effective: Pelican Marsh Community PUD. Ordinance No. 97-79. as amended by Ordinance No. 98-11. Original POO approval on Mav 25. 1993. in Ordinance No. 93-27 was repealed by PUD Ordinance No. 95-4 approved on January 24. 1995. _. AGENDA ITEM No. /-P f) / APR 2 7 1999 Pg. f 1 4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd- shaped, submit five [5] copies of survey [1" to 400' scaleD. See attached. THE APPLICANT IS RESPONSIBLE FOR SUPPL YING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTIONS 25.27.34.35 & 36 TOWNSHIP 48 South RANGE 25 East Please refer to PUD Document, Section 1.2 for detailed legal description. 5. Address or location of subject property 2072,88::1: acres generally bordered on the west by Tamiami Trail North. on the east bv the future Livingston Road and on the south by Vanderbilt Beach Road. 6. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No. 7. TYPE OF AMENDMENT: .-LL A. PUD Document Language Amendment .-LL B. PUD Master Plan Amendment .-LL C. Development Order Language Amendment 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: If no, explain: X Yes No 9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? No. PETITION #: DATE: 10. HAS ANY PORTION OF THE PUD BEEN SOLD AND/OR X DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? Yes. IF NECESSARY). X No. IF YES, DESCRIBE: (A IT ACH ADDITIONAL SHEETS AGENO~ITEM No. ./c2(C) I 2 APR 27 1999 Pg. 9 AFFIDA VIT We, Jerry Schmoyer of WC! COlIUllunities being first duly sworn, depose and say that we are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. For: WCI COMMUNITIES LIMITED PARTNERSHIP, a Delaware Limited Partnership oyer resident SIGNA~eOrge Varnadoe ;--- SWORN TO AND SUBSCRIBED BEFORE ME THIS ;x;J.~ DAY OF ;:Jo.TV\Jo..~1 .1999 . . . "':':~'.:.:'.""" .........,-,..#",....."~.......~,,,....',.,,~,.//~,,//~: ) ...:.P~~~'''' Cynthia A. De Vito )~ :. [.It.H Notary Public, State of Florida ~( .' ...~;~/.: Commission No. CC 669992 )< > ....~!.'.... My Commission Exp. 09/0212001)' .) ( ) floncIcd Throuch Fl.. Nolory Service" Bondin. C.. ). (SEAL yuu UUU(( (((((Cur'( uaau a ((.:~: o:'~~h.~~ No Public My Commission expires: -:5~~b~~ z... ;200 \ AGENDA ITEM No. /::< {{J / APR 2 7 1999 ,,--.. 3 Pg. /tJ ., ': I //(' v & K I ! ~ OCO= oooli ~ ... " .!l -.0: rr l. It "fi t f 'I: PHi ! i-II; ~ : 'I jl; J l! .J..;,. I I ~ <: ~ 1 II 4 . i (. IU ! I I ~ If rr , I II I 'If m If, : E U~ I I Ir : I ii 2 ~ ~~ ~~ ~~~I .:r () o 3 3 c :J ::;.: '< . 1 ~:: :rUIf~~' -II; 1..~r~'1 . ,. 'i Is I, I II -1:11 ~i ~~i : Exhibit A Map H2 (Revised Map H) Master Plan Pelican Marsh Communities A I'Iwroed \hi ~ By. wa COrrm.nbe8. LmIed Partnership 'G~~~' " No ., . -. _____ .11I --=- APR 2 7 1999 Pg. // - !I i! Ie 8""'~rr""' nOn" ~ 8U~L.;~ u u5 ~ ,. ~ :;g -5 (; i 0 1ft l>> ~ i If, f(lf. t r f 1" ;;Uj ! Iii i ::J I I - . I! '" I i l ' I I [f.. i h'l I I · :::.. . K "0' .. l>> , If [[ J I II f ~ I If m I f ':J' f l~ : (l . fi · 0 I 3 3 c ::J ;::;. '< i! .. .. n ! I i = . .. .. .0... ~ .. . .. . ~~nnn I ; o . .. .. n rt d r- r r~'~iU[~ I.~ I '! ~~~~I -'.ii'!I,~I. ~ i:~~il ~;i ~ Exhibit A Map H2 (Revised Map H) Muter Plan Pelican Marsh Communities A f'lIlrnecllW ~ By. wa Corrm..ritiea. Lmted PartnenIhp No. ___I APR 2 7 19~: Pg. /-< !I i I I :! ii, I ' ~....._':I ., , c::::~ I i ~ i!. i.= m ~.: ~, If !ilf Ii fi ~ 'Iii rl = if U I- !!~ : i ~~~ lr Ii OOOli .. a . I c: n g 'Ill IIUl~ t i: I.. .. ~ !JH! r Jt Ii . - l h.~ I (, ~ : I tOi Cl J .. j i U I I .. I I . ~ o "1J CD o. Pl ~ ":F () o 3 3 c ::::J ;:::;: '< q ~ L(: " I I :\. " :j ~ I, ::j ;( 'L. . ---.-~~------- I c:~: ;_~=:~-=-:_:~_~:: :-==~~: :_~~~~~ ~~:~:: :~-_:~: ~:3 i Ii ir~. i,lfrf~ - :: I-r~/: - II ~I ~lil " Exhibit A Map H2 (Revised Map H) Master Plan Pelican Marsh Communities A f'IM:1ed l.\"iI DeYeIaIlrnen1 By. wel Communities, Limited Partnership N:~ _."'~ -~-==- APR 2 7 1999 80COO 8 ~ ~ : ! f . j i. . . n ... ~ "0 o. w 0 ~.. .... n ~ ~ n 3 S .. .. . . ~ flI Pg, /3 , ,- .J--. ,- FORM RPM-BSP-PROPCHANGE-I STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (850) 487-4545 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMP ACT (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. 1. I I I, George L. Varnadoe, the undersigned authorized representative of WCI Communities Limited Partnership, a Delaware limited partnership, hereby give notice of a proposed change to a previously approved Development of Regional" Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the Pelican Marsh Community development which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County, to the Southwest Florida Regional Planning Council, and to the Bureau of State Planning, Department of Community Affairs. \~~~~ (Date) \ AGENDA ITEM No. /~~) / APR 27 1999 Pg. / .yr , I l 1 J I J CONSENT AND APPOINTMENT OF AGENT This Consent and Appointment of Agent is made this ~y of January, 1999, by WeI Communities Limited Partnership, a Delaware limited partnership (hereinafter referred to as the "Owner"). WITNESSETH \VHEREAS, the Owner has a mailing address of 24301 Walden Center Drive, Bonita Springs, Florida 34134; and WHEREAS, the Owner owns approximately 2075 acres of land located in Collier County, Florida, more particularly described in Exhibit "A", attached hereto (hereinafter the "Subject Property"), which land is located within the Pelican Marsh Development of Regional Impact ("DRl") which was approved in Development Order 95-1 issued by Collier County on January 24, 1995; and WHEREAS, the Ovmer intends to carry out development on the Subject Property described in Exhibit "A" which will require changes, amendments, or additions to the Pelican Marsh Community PUD and DR! Development Order 95-1, that were issued by Collier County, and in addition, may require approvals or actions by other agencies of the State of Florida and agencies of local goveIT1}1lent; and WHEREAS, the Owner has decided to appoint an agent to represent them in preparing applications for, and obtaining, any and all governmental approvals necessary to develop the Subject Property in the manner intended by the Owner, and to authorize said agent to act on its behalf with full authority, to obtain such approvals, including amendments to the PUD and the DRl Development Orders previously issued by Collier County for the Subject Property described in Exhibit "A". NOW THEREFORE, the Owner, in order to authorize and direct its agent and representative to act on its behalf to apply for and obtain necessary governmental and agency approvals on the Subject Property, consents to the following: APPOINTMENT OF AGENTS 1. George L. Varnadoe and the law fIrm of Young, van Assenderp & Varnadoe, P. A., whose address is 801 Laurel Oak Drive, Suite 300, Naples, Florida 34108, are hereby designated and appointed the agent/representative of the Owner, with full authority to act on its behalf to perform all legal services related to, and to supervise the preparation, submission, and review of any applications needed to obtain approval oi'the Owner's plan of development for the Subject Property described in Exhibit "A". 2. George L. Varnadoe and the law fIrm of Young, van Assenderp & Varnadoe, P. A., are authorized to represent and to act as agents for the Owner with their full authority before any an~ all governmental entities, and any agencies of the state and federal government as may be appropriate and reasonably related to obtaining approval of proposed development on the Subjec ro A ITEM including amendments to the DRl Development Order, and PUD zoning or rezoning 0 the ~bject/~) / Property. These agencies or entities may include, but shall not be limited to, the folIo .ng: APR 27 1999 Pg. /6 I t- , 1 J - ,."--"'-, a. The Collier County Board of County Commissioners and all departments, divisions and sub-units of Collier County. b. The Southwest Florida Regional Planning Council. c. The Florida Departments of Community Affairs, Environmental Protection, and Transportation. d. The Florida Secretary of State and all other Cabinet level offices and agencies. e. The Florida Land and Water Adjudicatory Commission. f. The South Florida Water Management District. AS EVIDENCE OF CONSENT TO AND APPOINTMENT OF THE AGENT named above, the Owner, WCI Communities Limited Partnership, a Delaware limited partnership, has signed below. '- OWNER: WCI COMMUNITIES LIMITED PARTNERSHIP " By: 'I) JAJwA 71 M IrP Senior Vice President Title: Dated: January 7. 1999 WIlNESSES: f\\jJ (b f'\i 0 ~ 0CL\ 0 Signatur;- f\\c'ccr'\\r/ ~Ur.f Printed Name QM Signar1 ~ V\ ~_ ~~Qn Printed Name AGENOA ITEM ..,.Iican.................. ,~"'-wp4/..2~) I ,l.PR 2 7 1999 Pg. /h I t J Exhibit "A" Legal Description of Pelican l\1.:arsh Community PEUCAN MARSH, being approximately 2072.88 acres, is legally described as follows: BEGINNING at the southwest corner of Section 27, Township 48 South, Range 25 East, Collier County, Florida; thence along the west line of said Section 27 and the easterly right-of-way line of U.S. 41 North 00038'20" West 2623.40 feet to the west 1/4 corner of said Section 27; thence continue along the west line of said Section 27 and said right-of-way North 00039'12" West 827.69 feet; thence leaving said line North 89~O'45." East 3844.57 feet to the westerly right-of-way line of 'proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58, Public Records of Collier County, Florida; thence along said westerly right-of-way line in the following four (4) described courses; 1) South 05034'48" East 3545.96 feet to the south line of said Section 27; 2) South 05033'10" East 2642.17 feet; . 3) southerly 620.87 feet along the arc of a circular curve concave westerly having a radius of 2799.93 feet through a central angle of 12042'18" and being subtended by a chord which bears South 00047'59" West 619.60 feet; 4) South 07009'08" \Vest 1675.64 feet to the boundary line of the plat of Pine Ridge Second Extension as recorded in Plat Book 10, page 86 of the Public Records of Collier County, Florida; thence along the boundary of said Pine Ridge Second Extension in the following eight (8) . described courses; 1 I I 1) 2) 3) 4) 5) 6) 7) South 89050'58" West 88.21 feet; North 31034'00" West 120.19 feet; North 05037'10" West 956.47 feet; $outh 74046'39" West 379.98 feet; South 12004'43" East 23.53 feet; South 87009143" West 272.40 feet; northwesterly 1854.46 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 1640.26 feet through a central angle of 64046140" and being sub tended by a chord which bears North 48050'02" West 1757.26 feet; .: AGENDA ITEM No. I~(() / APR 2 7 1999 1 Pg. 17 I j I I 8) North 81013'22" West 737.85 feet; thence leaving said plat boundary North 00003 '39" West 707.85 feet; thence South 89033'32" East 336.81 feet; thence North OOOZ6'28 " East 180.64 feet; thence northerly 37.60 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 16034'19" and being subtended by a chord which bears North 08043'37" East 37.47 feet; thence North 17000'47" East 181.41 feet; thence northwesterly 654.92 feet along the arc of a circular curve concave southwesterly having a radius of 395.00 feet through a central angle of 94059'52" and being Subtended by a chord which bears North 30OZ9'09" West 582.44 feet thence North 77059'05" West 144.30 feet; thence northwesterly 418.87 feet along the arc of a circular curve concave northeasterly having a radius of 800.00 feet through a central angle of 29059'57" and being subtended by a chord which bears North 62059'06" West 414.10 feet thence North 47059'08" West 100.03 feet; thence westerly 615.18 feet along the arc of a circular curve concave southerly having a radius of 826.09 feet through a central angle of 42040'04" and being subtended by a chord which bears North 69019' 10" West 601.07 feet; thence South 89<>20'48" West 204.55 feet to the west line of said Section 34, and the east right-of-way line of U.S. 41; thence along said line North 00039'20" West 665.92 feet to the Point of Beginning; .- -- LESS AND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book 22, pages 88 through 89 Public Records of Collier County, Florida being more particular described as follows; . BEGINNING at the northwesterly corner of said Pelican Marsh Unit Five; thence along the boundary of said Pelican Marsh Unit Five South 89033'32" East 306.56 feet to a point on the west line of Tract WF-l (Drainage Easement) according to the Plat of Grand Isle at Pelican Marsh, Plat Book 24, pages 67 through 70. Public Records of Collier County, Florida; ; thence along said line South 00000'00" East 481.17 feet to a point on the north line of Tract "B" (Vanderbilt Beach Road) according to the Plat.of Pelican Marsh Unit Five, Plat Book 22, pages 88 through 89, Public Records of Collier County, Florida; thence southwesterly, 306.37 feet along the arc of a non-tangential circular curve concave to the southeast, having a radius of 2430.00, through a central angle of 07013'26" and being subtended by a chord which bears South 88015'16" West 306.17 feet to a point on the boundary of said Pelican Marsh Unit Five; thence along said line North 00003'39" West 492.87 feet to the POINT OF BEGINNING of the parcel herein described; Containing 3.40 acres more or less; Subject to easements and restrictions of record. Bearings are based on the north line of said Pelican Marsh Unit Five being South 89033 '32" East. l AGENDA ITEM No. /~~) / APR 2 7 1999 Pg. /f 2 containing 573.98 acres more or less; subject to easements and restrictions of record; TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: All that part of Section 27 t Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commencing at the west 1/4 corner of said Section 27; thence along said west line North 00039'12" West 827.69 feet; thence leaving said line North 89~0'45" East 577.78 feet to the POINT OF BEGINNING of the parcel herein desc~ibed; thence North 57047'59" East 46.92 feet; thence North 68035'21 "East 110.88 feet; thence North 00039'12" West 187.52 feet; thence North 77043'40" East 573.08 feet; thence South 72059'03" East 785.48 feet; thence South 00039'15" East 27.71 feet; thence North 89~0'45" East 503.78 feet; thence South 00039'15" East 100.64 feet; thence South 89~0'45" \Vest 1957.22 feet to the Point of Beginning of the parcel herein d~cribed; Subject to eaSements and restrictions of record. Containing 9.5 acres more or less. Bearings are based on the west line of said Section 27 as being North 00039'12" West; AND LESS THE FOLLOWING THREE (3) DESCRIBED PARCELS: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida and being more particularly described as follows: . Commencing at the west one quarter comer Section 27 t Township 48 South, Range 25 East; thence along the west line of said Section 27 North 00039'12" West 827.69 feet; thence leaving said section line North 89~0'45" East 55.00 feet to the Point of Beginning of the area thereon described; thence North 89~O'45" East 366.45 feet; thence South 00039'15" East 34.09 feet; thence southeasterly 47.35 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 70.00 feet through a central angle of 38045123" and being sub tended by a chord which bears South 64019'09" East 46.45 feet to a point of compound curvature; ~.' AGENDA ITEM No. /~)} / APR 2 7 1999 3 Pi. /9 I 1 1.__ 1 I I -- 1 \ il 4 ~ I ;\ _. - thence southerly 259.53 feet along the arc of a circular curve concave westerly having a radius of 197.21 feet through a central angle of 75~4'06" and being subtended by a chord which bears South 07014'23" East 241.20 feet to a point of reverse curvature; thence southerly 151.40 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 66043'37" and being subtended by a chord which bears South 02054107" East 142.99 feet to a point of reverse curvature; thence southerly 120.22 feet along the arc of a circular curve concave westerly having a radius of 70.00 feet through a central angle of 98~4 112 II and being subtended by a chord which bears South 12056'10" West 105.98 feet; thence South 6200811611 West 75.07 feet; thence southerly 48.75 feet along th~ arc of a circular curve concave easterly having a radius of 30.00 feet through a central ,angle of 93006'13 II and being subtended by a chord which bears South 15035'10" West 43.56 feet; thence a100g South 30057'58" East 34.79 feet; thence southerly 19.94 feet along the arc of a circular curve concave westerly having a radius of 80.00 feet through a central angle of 14016'43" and being subtended by a chord which bears South 23049'3711 East 19.89 feet; thence along a non-tangential line South 84013'14" East 158.41 feet; thence South 80055'24" East 183.78 feet; thence South 81052'51 II East 180.90 feet; thence South 00000'00" East 261.28 feet; thence North 90000'00" West 394.57 feet; thence North 00000'0011 East 271.73 feet; thence North 84013'1411 West 120.32 feet; thence South 33005'4011 West 54.13 feet; thence South 76056'5111 West 89.04 feet; thence North 58035'21" West 65.19 feet; thence North 15031'55" West 74.80 feet; thence North 00041'41" West 115.24 feet; thence North 28~2'471\ East 171.51 feet; thence North 17011'45" West 106.79 feet; thence North 13002'52" East 28.51 feet; thence North 73036'14" West 54.78 feet; thence South 49016'08" West 112.78 feet; thence South 89047'08" West 53.08 feet; thence North 58000'49" West 50.49 feet; thence North 00039'12" West 303.49 feet to the Point of Beginning of the area herein described; Containing 7.8 acres more or less; Subject to easements and restrictions of record; Bearings are based on the west line of Section 27. Township 48 South, Range 25 East, Collier County, Florida being North 00039'12" West; and 4 I AGENDA ITEM ~'. /'fl/ ~ No. ~)/ ~ APR 2 7 1999 t Pg. 070 t I I 1 All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commencing at the west 1/4 corner of said Section 27; thence along said west line North 00039'12" West 827.69 feet; thence leaving said line North 89~0'45" East 2469.55 feet to the POINT OF BEGINNING of the parcel herein described; thence continue North 89~Oj45" East 787.88 feet; thence South 84045'32" \Vest 23.43 feet; thence South 74056'42" West 121.32 feet; thence South 79049'51" West 45.93 feet; thence westerly 45.51 feet along the arc 'Of a tangential circular curve concave to the north having a radius of 66.00 feet through a central angle of 39030' 16" and being subtended by a chord which bears North 80~5'01 " West 44.61 feet to a point of reverse curvature; thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to the south having a radius of 150.00 feet through a central angle of20012'57" and being subtended by a chord which bears North 70046'21" West 52.65 feet; thence-North 80052'50" West 36.59 feet; thence westerly 46.17 feet along the arc of a tangential circular curve concave to the south having a radius of 80.00 feet through a central angle of 33004'13" and being subtended by a chord which bears South 82035'04" West 45.54 feet to a point of reverse curvatlire; thence westerly 38.16 feet along the arc of a tangential circular curve concave to the north having a radius of 60.00 feet through a central angle of36026'18" and being subtended by a chord which bears South 84016'06" West 37.52 feet to a point of reverse curvature; thence westerly 68.84 feet along the arc of a tangential circular curve concave to the south having a radius of 305.00 feet through a central angle of 12055'58" and being subtended by a chord which bears North 83058'44" West 68.70 feet; thence South 89033'17" West 18.36 feet; thence South 89039'11" West 71.63 feet; thence North 89035'03" West 36.03 feet; thence South 86006'33" West 42.94 feet; thence South 83044108" West 26.23 feet; thence South 51001 '05" West 27.49 feet; thence South 33~142" West 19.95 feet; thence South 15039'57" West 20.54 feet; thence South 10054'31" West 34.64 feet; thence South 89~0'06" West 101.06' feet; thence North 10045' 58" East 101.42 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 0.48 acres more or less. Bearings are based on the west line of said Section 27 as being North 00039' 12" West; ~ AGENDA ITEM No. /.tJ rt) / APR 27 1999 anet 5 Pg. ..2 / , .-_.__.._,.-_.,_..._,-_._---,--~.__._._'----'---_.._----,._-~---------.-."_. I -- j L--, p- All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Conunencing at the west 1/4 corner of said Section 27; thence along said west line North 00039'12" West 827.69 feet; thence leaving said line North 89~Ot45" East 3401.12 feet to the POINT OF BEGINNING of the parcel herein described; thence continue North 89020'45" East 443.43 feet; thence South 05034'48" East 147.72 feet; thence South 89~0'45" West 51.56 feet; thence North 23056'01" West 13.07 feet; thence northerly 30.72 feet along the arc of a tangential circular curve concave to the east having a radius of 80.00 feet through a central angle of21059'53" and being subtended by a chord which bears North 12056'04" West 30.53 feet; thence North 05001'01" West 31.56 feet; thence North 36019'27" \Vest 32.02 feet; thence North 56004'43" West 35.11 feet; thence North 80039'23" \Vest 32.53 feet; thence North 88039'20" \Vest 97.78 feet; thence North 86004'48" West 45.79 feet; thence North 89049'56" West 132.77 feet; then<r~ North 69040' 18" West 37.23 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 0.38 acres more or less. Bearings are based on the west line of said Section 27 as being North 00039'12" West; I I ~ AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL; BEGINNING at the northwest corner of said Section 35; thence along the north line of said Section 35 North 89045'35" East 5231.69 feet to the west right-of-way line of Airport-Pulling Road (C.R. 31); thence along said westerly right-of-way line South 00031 '47" East 5258.31 feet to the south line of said Section 35; thence along said south line South 89039'22" West 2541.65 feet to the south 1/4 comer of said Section 35; thence continue along said south line South 89039'32" West 2641.33 feet to the southwest corner of said Section 35; thence along the south line of said Section 34 South 89051'02" West 391.57 feet to the boundary line of a parcel described in O.R. Book 524,' page 121 of the Public Records of Collier County, Florida; thence along the boundary of said parcel North 01003 '33" West 295.29 feet; thence continue along the boundary of said parcel South 89051 '02" West 443.28 feet to the easterly right-of-way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58 of the Public Records of Collier County, Florida; thence along said easterly right-of-way line North 07009'08" East 1729.52 feet; . r AGENOA ITEM I No. #@/I 1_::H 2':;99 6 ~ , I I - thence continue along said easterly right-of-way line northerly 649.69 feet along the arc of a circular curve concave westerly having a radius of 2929.93 feet through a central angle of 12042'18" and being subtended by a chord which bears North 00047'59" East 648.37 feet; thence continue along said right-of-way line North 05033'10" West 2628.44 feet to a point on the north line of said Section 34; thence leaving said right-of-way line and along the north line of said Section 34 South 89031'31" East 772.91 feet to the Point of Beginning; containing 708.39 acres more or less; subject to easements and restrictions of record; i I J AND TOGETIIER \VfTII THE FOLLOWING DESCRIBED PARCEL BEGINNING at the northeast corner of said Section 36; thence along the east line of said Section, South 02012'03" East 2671.63 feet to the east 1/4 corner of said Section 36; thence continue along the east line of said Section 36 South 02006'28" East 2519.08 feet to a point on the northerly right-of-way line of Vanderbilt Beach Road; thence along said northerly right-of-way line North 89039'39" West 2855.35 feet; thence continue along said line North 89043'59" West 2544.87 feet to a point on the easterly right-of-way line of Airport-Pulling Road (C.R. 31); thence along said easterly right-of-way line North 00031 '47" West 4490.03 feet to the southwest corner of the east 15 feet of the west 115 feet of the south 80 feet of the north 619.49 feet of said Section 36; thence along the south line of said land North 89'>27'57" East 15.00 feet; thence along the east line of said land North 00031 '47" West 8Q.00 feet; thence along the north line of said land South 89027'57" West i5.00 feet to the east right- of-way line of Airport Road (C.R. 31); thence along said right-of-way North 00031 '47" West 539.49 feet to the north line of said Section 36; thence along said north line North 89027'57" East 3914.28 feet to the southwest corner of the east 1/2 of the east 1/2 of said Section 25: thence along the west line of the east 1/2 of the east. 1/2 of said Section 25 North 01054'09" West 2668.19 feet; thence continue along the west line of the east 1/2 of the east 1/2 of said Section 25 North 01057'16" West 2567.06 feet to a point on the southerly right-of-way line of Immokalee Road (C.R. 846); thence along said right-of-way North 89014'36" East 1325.57 feet to the east line of said Section 25: thence along said east line of Sectio~ 25 South 02006'59" East 2569.75 feet to the east 1/4 corner of Section 25: thence continue along said east line of Section 25 South 02000'46" East 2670.97 feet to the Point of Beginning; containing 789.67 acres more or less; total parcel contains 2076.28 2,072.88 acres more or less; AGENDA ITEM No. /~(f.) / APR 2 7 1999 7 r ~ ~ w i L~ Pg. ~. I' 1 '- ;......- subject to easements and restrictions of record; bearings are based on the State Plane Coordinates 1983 datum 1990 adjustment, the north line of Section 351 being North 89045135" East. I J I' I ",-.- AGENDA ITEM No. /~rs) / I APR 2 7 1999 8 Pg. dl'l 2. Applicant (name, address, phone). WCI Communities 24301 \Valden Center Drive Bonita Springs, Florida 34134 3. Authorized Agent (name, address, phone). George L. Varnadoe, Esquire Young, van Assenderp & Varnadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 4. Location (City, County, TO\\-TIshiplRange/Section) of approved DR! and proposed change. The Pelican Marsh Community is located in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East, Collier County, Florida. 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, 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 information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. The Pelican Marsh DR! was originally approved by Collier County in 1995 (DO 95-1; Resolution No. 95-71) to contain 5,600 dwelling units, 575,000 square feet of retail comm.ercial (gfa), 350,000 square feet of office space (including up to 100,000 square feet of medical office), 280 hotel units, and 36 holes of golf. An approved 1997 NOPC (DO 97-4; Resolution No. 97-457) decreased the number of dwelling units to 5,100 units and decreased retail and office uses by 230,000 and 150,000 square feet, respectively. An additional 27 golf holes and 120 hotel rooms were also approved in 1997. WCI Communities is proposing minor revisions to the Pelican Marsh Master Plan to reflect changes in the amounts of three previously approved land uses. The proposed changes are an increase of50,000 square feet ofleasable retail commercial use (adding 57,500 square feet of gross floor area), an increase of 50 hotel rooms and a decrease by 25,000 square feet of medical office use. These changes are reflected on the revised Pelican Marsh Master Plan (proposed) attached as Exhibit "A." 4GEN041TEM No. /.2(:)/ APR 2 7 1999 - 2 - Pg. ~? .- - The chart on the following page describes the uses originally approved in the 1995 Pelican Marsh Development Order (DO 95-1) and the changes resulting from both the NOPC approved in 1997 and the proposed changes that are the subject of the current application. With these proposed changes, considered cumulatively with the previous NOPC, the Pelican Marsh DRI has been reduced by 500 dwelling units, 172,500 square feet (gfa) of retail, and 175,000 square feet of office use since the 1995 DO was issued. There has been a cumulative increase of27 golf holes and increases of36.4 acres ofconsen>ation area and 55.2 acres of open space. With the proposed addition of 50 hotel rooms, the number of approved rooms will total 450. No additional land is being added to Pelican l\farsh and there are no proposed changes to the phasing, commencement or buildout dates, or to the currently approved development order conditions and requirements. A traffic analysis prepared by David Plummer & Associates, attached as Exhibit "B," establishes that the changes will not have a significant or adverse impact on the regional roadway system. The proposed changes do not constitute a substantial deviation from the currently approved Pelican Marsh DR!. I I - 3 - AGENDA ITEM No. /~~)/ APR 2 7 1999 Pg. c:J In -_.~-"----'-"'--'._- 1l .- t ~ [ ~ Ii. ~ ~ ~ ;> ::; . i. j " ~ o '0 (1) ~ C/l '0 t>l n (1) 03 c:: ~ .... V> Vl '" t>l n .... (1) V> - - .4 N ~ n .... (1) V> + Vl Vl N ~ n .., (1) V> .... .... .4 N t>l n .... (1) V> o + Vl Vl N t>l n .... (1) In () o ~ V> (ll ~ e o' ~ >- .... (ll t>l N '" .4 t>l n .... (ll V> w w o ~ t>l n .... (1) V> + w 0\ ~ t>l n .... (1) V> w w o ~ t>l n (;l V> o + w 0\ ~ t>l n (;l V> C) 2- ..., () o c:: .., V> (1) W 0\ ::r o (i" '" 0\ W ::r o (i" V> <Xl --.. 0 -.I. VlO og V> V> (ll..o t>l . E;:p + N -.I ::r o (i" V> 0\ W ::r o (i" V> <Xl --.. 0 -.I' VlO 00 V> 0 (1) V> t>l..o f;;j' '-";:p o + N -.I ::r o (i" In () E. 2 .... ~ () (ll ~ ~ .... <Xl o '0 o o V> ~ ;:p --.. -.I Vl o V> (ll t>l ~ '-" o o o ::r: o ff. c ~ a' N <Xl o -w o Vl 00 '0'0 00 00 V> V> ~~ ;:p;:p g,~ 3 ~ (ll' c..c:: "0 o .... 80 n (ll '-" ~ o o --.. c:: "0 N 3 .... 0 r.> 0 .0 c.. Vl 0 . 00 0'00 80v> n o~ (ll V> _ '-'..p ~' ;:p + - N o .4 Vl o V> _ ~~ ::+>. o 3 0 (ll 0 c.. --.. -. c:: n"O ~.... o 0 Si~ n . (1) 0 '-" 0 o + Vl o + .... -.I o o Si n (1) () o 3 3 (ll .... n E Vl Vl 0-.1 o Vl '0'0 00 00 '" V> ~~ ;:p;:p --.. --.. (t:l(TQ r;;-~ '-" '-" ww 0.4 o Vl '0'0 00 00 '" '" ~~ ;:p;:p --.. --.. (TQ(TQ r;;-~ '-" '-" I - Vl o '0 o o V> ~ ;:p I I NN ow 00 '0'0 00 00 V> V> ~~ ;:p;:p --.. --.. (t:l(TQ EE w~ Vl 0 ON '0 V. 00 00 V> V> ~~ ;:p;:p --.. --.. (t:l(TQ EB I N Vl '0 o o '" ~ ;:p + + VlVl 0-.1 '0 V. 00 00 '" V> ~~ ;:P;:p €6Q' eE I - -.I Vl '0 o o V> ~ ;:p I I V;:::i 0,.N . Vl 00 go V> V> ~~ ::+>::+> . . fiQ'fiQ' EE ~ (1) [ () o 3 3 (ll M E >- ~ <' ~. () (ll ~ ~ .... <Xl o t>l n .... (ll '" <Xl o t>l n .... (ll '" o <Xl o t>l n .., (1) V> o o I Vl o o 5 a' ~ (1) V> 5: (ll a E c 2. ~ t"" ~ ::: Q. c:: '" ~ Vl 0.. o o c.. ~ ~ S' (t:l c:: g. '" ::~ ~ ::. ~ C _. ., eN' Q.(1) ~ Q. s;~ ~~ ~ ~ 00 ] 0 (1) '" ::: 'f' .... - Vl - \0 \0 ..... Z o "0 (j o o c:: g. V> I Vl o o c.. ~ ~ s (TQ c:: ::l .... V> (j :r ~ ::: (t:l (1) Vl - o o .... '" '" '" z o "'C (j o (j :r ~ ::: (t:l n .... , (g(j "':r >~ 8~ ~ (1) ::: '" c. ~ ... 8 ::;: ;;> n :r ::: .... F- '"C' M t'" - (j > :z ~ > ~ fJ'1 == t::l 2 ;;a ~ t::l t'" > :z t::l ~ fJ'1 M (j ~ ~ M fJ'1 fJ'1 - :z (j M t::l 9 \0 VI I l-" AGENDA ITEM No. /~)/ APR 2 7 1999 Pg. r:J7 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. See Chart below. 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DR! development order that have been adopted by the local government, and provide a brief description of the p'revious changes (i.e., any infornlation 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 DR! development order for the project? The Pelican l\1arsh DR! (DO 95-1) has been amended twice, as described below: A. Collier County approved Developmcnt Order 95-5, by Resolution No. 95- 555, on September 26, 1995. The changc consisted of a new legal description and corresponding plan and tcxt changes to reflect the addition of one (1) acre of land to the project. B. Collier County issued Development Order 97-4, (Resolution 97-457) on December 9, 1997, which approved the applicant's NOPC with the land use changes shown on the above chart follo,,'ing question number 5. ;.,--- 8. Describe any lands purchased or optioned within VI mile ofthe original DR! site subsequent to the original approval or issuance of the DR! development order. Identify such land, its size, intended use, and adjacent non-project land uses within Y2 mile on a project master site plan or other map. 'VCI Communities has an option to purchase, during the year 2000, 151 acres ofland on the east side of the future Livingston Road. A legal description of this parcel is attached hereto as Exhibit "C." 9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19), Florida Statutes. Do you believe this notification of change proposes a change which meets the criteria of Subparagravh 380.06(19)(e)2., Florida Statutes? YES NO x AGENOA ITEM No. ~@ J) APR 2 7 1999 - 5 - Pg. ,.2 f" 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. No changes are proposed. 11. Will the proposed change require an amendment to the local government comprehensive plan? No. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), Florida Statutes, and 9J-2.025, Florida Administrative Code: See attached proposed Development Order, attached as Exhibit "D." 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DR! or development order conditions. A copy of the approved master plan is attached as Exhibit "E" and a copy of the proposed plan is attached as Exhibit "A." 13. Pursuant to Subsection 380.06(I9)(f), Florida Statutes, include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a. All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; See proposed Master Plan, Exhibit "A" and revised Development Order, Exhibit "D." There are no proposed changes to phasing or buildout dates, nor to existing DO requirements and conditions. b. , An updated legal description of the property, if any project acreage islhas been added or deleted to the previously approved plan of development; No land is being added to Pelican Marsh. There is no change to the legal description. AGENDA ITEM No. /~@) / L::R 2~ ~:J - 6 - c. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; Not applicable. d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; No change. e. A proposed amended development order date until which the local government agrees that the changes to the DRl shall not be subject to down-zoning; unit density reduction, or intensity reduction, if applicable; and No change. f. Proposed amended development order specifications for the annual report, incl uding the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. " No change. 1- - AGENDA ITEM No. /~~) J APR 2 7 1999 Pg. c3 0 - 7 - SUBSTANTIAL DEVIATION DETERl\lINATION CHART TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO LAND USE CATEGORY PLAN PLAN CHANGE & DATE: COLLIER COUNTY D.O. 97-4; RES. NO. 97-457, Dec. 9, 1997 Attraction! # Parking Spaces 400 (no change) 400 400 Recreation # Spectators #Seats 750 (no change) 750 750 Site locational changes See Map "H-2" See Map "H" Acreage, including drainage, within 80-acre 15 acres within 80-acre "activity center" ROW, easements, etc. activitv center # External vehicle trips D.O. conditions ADA representations Airports Runway (length) N/A N/A N/A " Runway (strength) Tenninal(gross sq.ft,) # Parking spaces # Gates Apron area(gross sq.ft.) Site locational changes Airport acreage, including drainage, ROW, easements, etc. # External vehicle trips D.O. conditions ADA representations Hospitals # Beds N/A N!A N/A # Parking spaces Building (gross so.ft.) Site locational changes Acreage, including drainage, ROW, easements, etc. # External vehicle trips D. O. conditions If , I /dc'~ ADA renresentations No. C \ J APR 2 7 1999 - 8 - Pg. .:5/ .1..-..---- . -_-.. ~ ~ TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO LAND USE CATEGORY PLAN PLAN CHANGE & DATE: COLLIER COUNTY D.O. 97-4; RES. NO. 97-457, Dec. 9, 1997 Industrial Acreage, including drainage, N/A N/A N/A ROW, easements, etc. # Parking Spaces Building (gross sq.ft.) # Employees Chemical Storage (barrels and Ibs.) Site locational changes # External vehicle trips D. O. conditions ADA representations Mining Operations Acreage mined (year) N/A N/A N/A Water withdrawal (gal/day) I Size of mine (acres), including drainage, ROW, easements, etc. Site locational changes # External vehicle trips D. O. conditions ADA representations Office Acreage, including drainage, within SO-acre 20 acres within SO-acre "activity center" ROW, easements, etc. "activity center" Building (gross sq.ft.) 175,000 sq.ft. (up 350,000 sq. ft. (up 200,000 sq.ft. (up to 50,000 sq. ft. to 25,000 sq.ft. to 100,000 sq.ft. medical office) medical office) medical office) # Parking spaces # Employees Site locational changes See Mao H-2 See Map "H" # External vehicle trips D. O. conditions ADA reoresentations AGENDA ITEM No. /e2(f) / APR 2 7 1999 J~, - 9 - Pg. l 1'..:2.. TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO JJ LAND USE CATEGORY PLAN PLAN CHANGE & DATE: COLLIER COUNTY D.O. 97-4; RES. NO. 97-457, Dec. 9,1997 Petroleum! Storage capacity N/A N/A N/A Chemical Storae:e (barrels and/or Ibs.) Distance to navigable waters (feet) Site locational changes Facility acreage, including drainage. ROW, easements, etc. # External vehicle trips D.O. conditions ADA representations Ports (Marinas) # boats. wet storage N/A N/A N/A # boats, dry storage Dredge and fill (cu.yds.) I Petroleum storage (gals.) Site locational changes Port acreage, including drainage, ROW, easements, etc. # External vehicle trips D.O, conditions ADA representations Residential # Dwelling units 5,100 5,600 5,100 Type of dwelling units (no change) # Lots Acreage, inc. drainage, ROW, 576.8 acres 859 acres 576.8 acres easements, etc. (no change) Site locational changes See Map H-2 See Map "H" See Master Plan # External vehicle trips D.O. conditions - 10 - .. --AGENDA 11JM I I No. /'p(C) / \ ~~R 2 :;~~ TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO LAND USE CATEGORY PLAN PLAN CHANGE & DATE: COLLIER COUNTY 0.0.97-4; RES. NO. 97-457, Dec. 9,1997 Wholesale, Retail, Acreage, including drainage, within 80-acre 50 acres within 80-acre "activity center" Service ROW, ea~ements, etc, "activity center" Floor space (gross sq. ft.) 402,500 gross 575,000 gross 345,000 gross sq.ft. sq.ft. sq.ft. # Parking spaces # Employees Site locational changes See Map "H-2" See Map "H" # External vehicle trips D. O. conditions ADA Representations Hotel/Motel # Rental Units 450 rooms 280 rooms 400 rooms Floor space (gross sq. ft.) # Parking places I # Employees - Site locational changes See Map "H-2" See Map "H" Acreage, including drainage, within 80-acre within 80-acre "activity center" ROW, easements, etc. activity center # External vehicle trips 0.0, conditions ADA representations R. V. Park Acreage, including drainage, N/A N/A N/A ROW, easements, etc. # Parking spaces Buildings (gross sq.ft.) # Employees Site locational changes # External vehicle trips D.O. conditions ADA reoresentations ",--. -""~~.......... ~ AGENDA (rEM ~ 1 No. ff({:) / ~ ' 1 ~ !..PR 2 7 1999 - 11 - Pg. 3'1 TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO II LAND USE CATEGORY PLAN PLAN CHANGE & DATE: COLLIER COUNTY D.O. 97-4; RES. NO. 97-457, Dec. 9,1997 Open Space (all Acreage 114.2 acres (no 59 acres 114.2 acres natural and change) ve~etated) Site locational chane:es See Map "H-2" Type of open space non-impervious D.O. conditions surfaces) ADA representations Preservation, Buffer Acreage 330.4 Acres (no 294 acres 330.4 acres or Special change) Protection Areas Site locational chane:es See Map "H-2" See Map "H" Development of site proposed D. O. conditions , , ADA representations AGENDA ITEM No. /07(2) I , APR 2 7 1999 - 12 - Pg, .35 DEVELOP:\IE~T ORDER ~O. 99 - RESOLLTION ~O. 99 - A RESOLrTION .UIE~DJNG DEVELOP:\IENT ORDER :"10. 95-1, AS A'IE:'\"DED, FOR THE PELICA.'Ii :\IARSH DEVELOP~IENT OF REGIONAL I:\IPACT BY PROVIDING FOR: SECTION ONE. A:\IE~DI~G PARAGRAPH FOUR OF THE FIl'l>INGS OF FACT SECTION TO CHA'liGE THE SQUARE FOOT AGE A TIRIBl,. ABLE TO CERTAIN OF THE REFERE:"ICED LA."I,l) USES SET FORTH THEREIN A,"l) AMENDING THE MASTER PLA."'I; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CO~CLrSIONS OF LAW:.SECTION FOUR EFFECT OF PREVIOUSLY ISSUED DEVELOP~fENT ORDER, TR.\.1'1iSMITTAL TO DEPARD1ElIli OF COl\L\lL1'iITY AFFAIRS AND EFFECTIVE DATE. WHEREAS, WCN Communities, Inc.. (herein "WCN") filed on November 30. 1993, with the County of Collier an Application for Development Approval (ADA) of a Development of Regional Impact (DRl) knO\lm as Pelican Marsh Community in accordance with Subsection 380.06(6), Florida Statutes; and \"''HEREAS. the Board of County Commissioners of Collier County, Florida, approved Development Order 95-1 (the "Development Order") for the Pelican Marsh Community DRl on January 24. 1995; and WHEREAS. the Board of County CommiSSlOners of CollIer County. Florida, approved Development Order 95-5 by Resolution No. 95-555, amendmg Development Order 95-1. on September 26,1995, to change the legal descnpllon of the Pelican Marsh Community; and WHEREAS, the Board of County CommisslOners of Collier County, Florida. approved Development Order 97-4 by ResolutIon No. 97-457, amending Development Order 95-1, on December 9, 1997, to revise the acreages of vanous land uses within the development and amend paragraph 4 proviSIOns regarding humcane evacuatlon/floodplam and humcane shelters: and WHEREAS, WCI CommumtIes, a lImited partnership (heremafter "WCI"), the successor in interest to WCN desires to make certam reVIsions to the plan of development and Development Order for the Pelican Marsh Community and to make certain changes to the amounts of development approved herein: and WHEREAS, WCI, through its authorized agent, has filed its applicatIOn and notification of a proposed change to Development Order 95-1, as amended, which IS attached hereto and incorporated by reference. marked as Exhibit "A"; and WHEREAS, the Board of County Commissioners as the governmg body of the unmcorporated area of Collier County, with jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider proposed changes to the PelIcan Marsh Community DRl Development Order 95-1, as amended: and .- A/~)) No. ~C - 1 - Words underlmed are additions: Words seuel. thnnlgk are delell s. APR 2 7 1999 Pg. S6 WHEREAS. the Collier County Board of County CommissIOners has passed Ordinance No. 99-_ on , 1999, which amended the PUD zonmg for the Pelican Marsh Community approved in Ordinance No. 97-79 on December 9, 1997; and \VHEREAS, the issuance of a development order pursuant to Chapter 380.06( 19), Florida Statutes, does not constItute a waiver of any power or nghts regarding the issuance of other development permits not consIstent herewith by the County or State; and WHEREAS, on , 1999, the Board of County Commissioners, at a public heanng in accordance with Section 380.06, Florida Statutes, having considered WCl'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 havmg considered 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 report and recommendations of the Collier County Staff and Advisory Boards; the report and recommendations of the Southwest Florida Regional Plannmg Council, the Board of County Commissioners of Collier County hereby approves the following Pelican Marsh Community Development Order amendments. SECTION ONE: ,UfE)'t.;'DMEl'.rfS TO DEVELOP:\lENT ORDER A. Paragraph 4 of the Findmgs of Fact Section of Development Order 95-1, as amended (Resolution 95-71, as amended) is hereby amended to read as follows: 4. The applicant proposes the development of the Pelican Marsh CommunIty consisting of 2.072 acres. Pelican Marsh includes 80 acres of "activity center" use which ....111 contain the following land uses: up to ~ 3.22.QQQ square feet of gross floor area (GFA) of retail commercial use; up to 200,000 square feet of GF A of office commercial use, with up to ~liQQQ GF A of medical office use; <WG ~ hotel rooms; and an 80,000 GF A Cultural Center (Attraction Facility) with 750 seats and 400 parking spaces. The Pelican Marsh Commlmity will contain a maximum of 5, I 00 residential dwelling w1its; 63 holes of golf and clubhouses; 330.4 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. 2. Exhibit "A" (Map H-I, Master Plan) of Development Order 95-1 for the Pelican Marsh Community DRl. as amended by Development Order 95-5, is hereby amended by replacing said Map H-l, Master Plan, with Exhibit "B" hereto, a new Map H-2, Master Plan, attached and incorporated herein by reference, reflecting the amended locations of approved land uses. AGENDA ITEM No, /~) / 7 - 2 - Words underlined are additions; Words slruek tArSligR are dele ns. APR 2 7 1999 Pg. 37. SECTIO:"I TWO: FI~l)INGS OF FACT A. The approved land uses Wllhin the Pelican Marsh DRI are depicted on Map H-2, Master Plan, which is marked Exhibit "B", attached hereto and incorporated by reference herein. B. The application is in accordance WIth Section 380.06(19), Florida Statutes. C. The development of Pelican Marsh Conummity on 2,072 acres ofland shall include the land uses described in the above Findings of Fact at Paragraph 4. D. The requested amendment to the previously approved Development Order is consistent with the report and review of the SWFRPC. E. A comprehensive review of the impact generated by the requested amendment has been conducted by the County's departments and the SWFRPC. F. The development is not In an area designated an Area of Cntical State Concern pursuant to the provIsions of Section 380.06, Florida Statutes. SECTION THREE: CONCLUSIONS OF LAW A. The requested amendment of this previously approved Development Order is consistent with the report and recommendations of the SWFRPC and does not constitute a "substantial deviation" pursuant to Section 380.06(19), Flonda Statutes. B. The proposed amendment to the previously approved Development Order will not unreasonably Interfere vmh the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed amendment to the previously approved Development Order is consistent with the CollIer County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. D. The proposed amendment to the previously approved Development Order is consistent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER(S) TRA.1\jS!\1ITT AL TO DCA A,."o'D EFFECTIVE DATE I. 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. AGENDA ITEM No. ~Cf) / ons. APR 27 1999 - 3 - Words underlined are additions; Words struel( tflreliga are del Pg. ~ f1 8. Copies of this Development Order 99-_ shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management. and the Southwest Florida RegIOnal Plannmg Council. C. This Development Order shall take effect as provided by law. BE IT FURTIfER RESOLVED that this Resolution be recorded in the minutes of the Board. This Resolution adopted after motion, second and majority vote. Done this _ day of ,1999. A ITEST: DWIGHT E. BROCK, Clerk BOARD OF COUNIY COMMISSIONERS COLLIER COUNIY, FLORIDA BY: PAMELA S. MACKIE, Chairwoman Attest as to Chairwoman's signature only Approved as to form and legal sufficiency: ~1'Lon. ~ Mal)O M. Student ASSistant County Attorney PELICAN MARSH DEY. ORDER/md ".- AGENDA ITEM No. /~) / , I I letioA'f R 2 7 1999 -4- Words underlined are additions; Words sauek mr811g11 are ( Pg. 39 I f f FORM RPM-BSP-PROPCHANGE-I STATE OF FLORIDA DEP ARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (850) 487-4545 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPl\IENT 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. I' I, George L. Varnadoe, the undersigned authorized representative of WCI Communities Limited Partnership, a Delaware limited partnership, hereby give notice of a proposed change to a previously approved Development of Regional" Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the Pelican Marsh Community development which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed I j notification to Collier County, to the Southwest Florida Regional Planning Council, and to the Bureau of State Planning, Department of Community Affairs. ~~~~~ (Dat~ \ AGENDA ITEM No. ,/~@ \ I APR 2 7 1999 Exhibit "A" Pg. 1-/0. I L I 1 J I J 1 J ,,/- CONSENT AND APPOINTMENT OF AGENT This Consent and Appointment of Agent is made this 1~y of January, 1999, by WCI Communities Limited Partnership, a Delaware limited partnership (hereinafter referred to as the "Owner"). ,V I T N E SSE T H 'VHEREAS, the Owner has a mailing address of 24301 Walden Center Drive, Bonita Springs, Florida 34134; and WHEREAS, the Owner owns approximately 2075 acres ofland located in Collier County, Florida, more particularly described in Exhibit "A", attached hereto (hereinafter the "Subject Property"), which land is located within the Pelican Marsh Development of Regional Impact ("DRl") which was approved in Development Order 95-1 issued by Collier County on January 24, 1995; and 'VHEREAS, the Owner intends to carry out development on the Subject Property described in Exhibit "A" which will require changes, amendments, or additions to the Pelican Marsh Community PUD and DR! Development Order 95-1, that were issued by Collier County, and in addition, may require approvals or actions by other agencies of the State of Florida and agencies of 10calgovenvPent;and ~- WHEREAS, the Owner has decided to appoint an agent to represent them in preparing applications for, and obtaining, any and all governmental approvals necessary to develop the Subject Property in the manner intended by the Owner, and to authorize said agent to act on its behalf with I full authority, to obtain such approvals, including amendments to the PUD and the DRl Development j Orders previously issued by Collier County for the Subject Property described in Exhibit "A". NO'V THEREFORE, the Owner, in order to authorize and direct its agent and representative to act on its behalf to apply for and obtain necessary governmental and agency approvals on the Subject Property, consents to the following: APPOINTMENT OF AGENTS 1. George L. Varnadoe and the law firm of Young, van Assenderp & Varnadoe, P. A., whose address is 801 Laurel Oak Drive, Suite 300, Naples, Florida 341 08, are hereby designated and appointed the agent/representative of the Owner, with full authority to act on its behalf to perform all legal services related to, and to supervise the preparation, submission, and review of any applications needed to obtain approval of the Owner's plan of development for the Subject Property described in Exhibit "A". 2. George L. Varnadoe and the law firm of Young, van Assenderp & Varnadoe, P. A., are authorized to represent and to act as agents for the Owner with their full authority before any and all governmental entities, and any agencies of the state and federal government as may be ro riat~ and reasonably related to obtaining approval of proposed development on the Subject rop~AITEM including amendments to the DRl Development Order, and PUD zoning or rezoning on e ~ject /cX C J J Property. These agencies or entities may include, but shall not be limited to, the folIo .ngAPR 27 1999 Pg. ~/_ I I I 1 a. The Collier County Board of County Commissioners and all departments, divisions and sub-units of Collier County. b. The Southwest Florida Regional Planning Council. c. The Florida Departments of Community Affairs, Environmental Protection, and Transportation. d. The Florida Secretary of State and all other Cabinet level offices and agencies. e. The Florida Land and Water Adjudicatory Commission. f. The South Florida Water Management District. AS EVIDENCE OF CONSENT TO AND APPOINTMENT OF THE AGENT named above, . the Owner, WCI Communities Limited Partnership, a Delaware limited partnership, has signed below. OWNER: '-- WCI COMMUNITIES LIMITED PARTNERSHIP I, By: '1) JAJ1 iJA fI tUJ !f2- Senior Vice President Title: Dated: January 7. 1999 WIlNESSES: f\\J1~CbJ\i_C!.J 0r~0 Signature f\\CU_:;'\r.-/ ~Ct(.{' Printed Name QM Signa~VI ~~Qn Printed Name I AGENDA 115M I.PClian_\mixIco.J~l'Ly(oo'1 C) I I I APR 2 7 1999 Pg. ~ I L /.".,-..... Exhibit "A" Legal Description of Pelican l\farsh Community PEUCAN MARSH, being approximately 2072.88 acres, is legally described as follows: BEGINNING at the southwest corner of Section 27, Township 48 South, Range 25 East, Collier County, Florida; thence along the west line of said Section 27 and the easterly right-of-way line of U.S. 41 North 00038'20" West 2623.40 feet to the west 1/4 corner of said Section 27; thence continue along the west line of said Section 27 and said right-of-way North 00039'12" West 827.69 feet; thence leaving said line North 89"20'45." East 3844.57 feet to the westerly right-of-way line of ,Proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58, Public Records of Collier County, Florida; thence along said westerly right-of-way line in the following four (4) described courses; 1) South 05034'48" East 3545.96 feet to the south line of said Section 27; 2) South 05033'10" East 2642.17 feet; . 3) southerly 620.87 feet along the arc of a circular curve concave westerly having a radius of 2799.93 feet through a central angle of 12042'18" and being subtended by a chord which bears South 00047'59" West 619.60 feet; 4) South 07009'08" West 1675.64 feet to the boundary line of the plat of Pine Ridge Second Extension as recorded in Plat Book 10, page 86 of the Public Records of Collier County, Florida; thence along the boundary of said Pine Ridge Second Extension in the following eight (8) described courses; 1) 2) 3) 4) 5) 6) 7) South 89050'58" West 88.21 feet; North 31034'00" West 120.19 feet; North 05037'10" West 956.47 feet; South 74046139" West 379.98 feet; South 12004'43" East 23.53 feet; South 87009'43" West 272.40 feet; northwesterly 1854.46 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 1640.26 feet through a central angle of 64046'40. and being subtended by a chord which bears North 48050'02" West 1757.26 feet; .~ 1 1 Pg. ~0 AGENDA ITEM No. M(C) I APR 2 7 1999 I , t t 8) North 81013'22" West 737.85 feet; thence leaving said plat boundary North 00003'39" West 707.85 feet; thence South 89033132" East 336.81 feet; thence North 00~6'28" East 180.64 feet; thence northerly 37.60 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 16034'19" and being subtended by a chord which bears North 08043'37" East 37.47 feet; thence North 17000'47" East 181.41 feet; thence northwesterly 654.92 feet along the arc of a circular curve concave southwesterly having a radius of 395.00 feet through a central angle of 94059'52" and being subtended by a chord which bears North 30OZ9'09" West 582.44 feet thence North 77059'05" \Vest 144.30 feet; thence northwesterly 418.87 feet along the arc of a circular curve concave northeasterly having a radius of 800.00 feet through a central angle of 29059'57" and being subtended by a chord which bears North 62059'06" West 414.10 feet thence North 47059'08" West 100.03 feet; thence westerly 615.18 feet along the arc of a circular curve concave southerly having a radius of 826.09 feet through a central angle of 42040'04" and being subtended by a chord which bears North 69019'10" \Vest 601.07 feet; thence South 89~0'48" West 204.55 feet to the west line of said Section 34, and the east right-of-way line of U.S. 41; thence along said line North 00039'20" West 665.92 feet to the Point of Beginning; LESS AND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book 22, pages 88 through 89 Public Records of Collier County, Florida being more particular described as follows; BEGINNING at the northwesterly corner of said Pelican Marsh Unit Five; thence along the boundary of said Pelican Marsh Unit Five South 89033 '32" East 306.56 feet to a point on the west line of Tract WF-l (Drainage Easement) according to the Plat of Grand Isle at Pelican Marsh, Plat Book 24, pages 67 through 70, Public Records of Collier County, Florida; ; thence along said line South 00000'00" East 481.17 feet to a point on the north line of Tract "B" (Vanderbilt Beach Road) according to the Plat'of Pelican Marsh Unit Five, Plat Book 22, pages 88 through 89, Public Records of Collier County, Florida; thence southwesterly, 306.37 feet along the arc of a non-tangential circular curve concave to the southeast, having a radius of 2430.00, through a central angle of 07013'26" and being subtended by a chord which bears South 88015'16" West 306.17 feet to a point on the boundary of said Pelican Marsh Unit Five; thence along said line North 00003'39" West 492.87 feet to the POINT OF BEGINNING of the parcel herein described; Containing 3.40 acres more or less; Subject to easements and restrictions of record. Bearings are based on the north line of said Pelican Marsh Unit Five being South 89033' 32" East. . AGEN9~r No, /6{.C.I, f 2 I APR 27 1999 Pg. ~ ._...~---_.. - t L t I containing 573.98 acres more or less; subject to easements and restrictions of record; TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commencing at the west 1/4 comer of said Section 27; thence along said west line North 00039' 12" West 827.69 feet; thence leaving said line North 89OZ0'45" East 577.78 feet to the POINT OF BEGINNING of the parcel herein desc~ibed; thence North 57047' 59" East 46.92 feet; thence North 68035'21 "East 110.88 feet; thence North 00039'12" \Vest 187.52 feet; thence North 77043140" East 573.08 feet; thence South 72059'03" East 785.48 feet; thence South 00039'15" East 27.71 feet; thence North 89OZ0'45" East 503.78 feet; thence South 00039' 15" East 100.64 feet; thence South 89OZ0'45" \Vest 1957.22 feet to the Point of Beginning of the parcel herein d~cribed; Subject to easements and restrictions of record. Containing 9.5 acres more or less. Bearings are based on the west line of said Section 27 as being North 00039'12" West; AND LESS THE FOLLOWING THREE (3) DESCRIBED PARCELS: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida and being more particularly described as follows: . Commencing at the west one quarter comer Section 27, Township 48 South, Range 25 East; thence along the west line of said Section 27 North 00039'12" West 827.69 feet; thence leaving said section line North 89OZ0'45" East 55.00 feet to the Point of Beginning of the area thereon described; thence North 89OZ0'45" East 366.45 feet; thence South 00039'15" East 34.09 feet; thence southeasterly 47.35 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 70.00 feet through a central angle of 38045'23" and being sub tended by a chord which bears South 64019'091\ East 46.45 feet to a point of compound curvature; .." AGENOA ITEM No. /~(C) / . APR 2 7 1999 3 Pg. ~.s:.. J I J 1 , j - thence southerly 259.53 feet along the arc of a circular curve concave westerly having a radius of 197.21 feet through a central angle of 75024'06" and being subtended by a chord which bears South 07014'23" East 241.20 feet to a point of reverse curvature; thence southerly 151.40 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 66043 '37" and being subtended by a chord which bears South 02054'07" East 142.99 feet to a point of reverse curvature; thence southerly 120.22 feet along the arc of a circular curve concave westerly having a radius of 70.00 feet through a central angle of 98~4' 12" and being subtended by a chord which bears South 12056' 10" West 105.98 feet; thence South 62008'16" \Vest 75.07 feet; thence southerly 48.75 feet along the arc of a circular curve concave easterly having a radius of 30.00 feet through a central ,angle of 93006113" and being subtended by a chord which bears South 15035' 10" West 43.56 feet; thence a-loog South 30057'58" East 34.79 feet; thence southerly 19.94 feet along the arc of a circular curve concave westerly having a radius of 80.00 feet through a central angle of 14016' 43" and being subtended by a chord which bears South 23049'37" East 19.89 feet; thence along a non-tangential line South 84013'14" East 158.41 feet; thence South 80055'24" East 183.78 feet; thence South 81052'51" East 180.90 feet; thence South 00000'00" East 261.28 feet; thence North 90000'00" West 394.57 feet; thence North 00000'00" East 271.73 feet; thence North 84013'14" West 120.32 feet; thence South 33005140" West 54.13 feet; thence South 76056151" West 89.04 feet; thence North 58035'21" West 65.19 feet; thence North 15031'55" West 74.80 feet; thence North 00041141" West 115.24 feet; thence North 28~2'47" East 171.51 feet; thence North 17011'45" West 106.79 feet; thence North 13002'52" East 28.51 feet; thence North 73036'14" West 54.78 feet; thence South 49016108" West 112.78 feet; thence South 89047'08" West 53.08 feet; thence North 58000'491\ West 50.49 feet; thence North 00039'12" West 303.49 feet to the Point of Beginning of the area herein described; Containing 7.8 acres more or less; Subject to easements and restrictions of record; Bearings are based on the west line of Section 27, Township 48 South, Range 25 East. Collier County, Florida being North 00039'12" West; and AGENDA lID No. /~(C) / 4 APR 2 7 1999 Pg. 'Ii J L All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commencing at the west 1/4 corner of said Section 27; thence along said west line North 00039'12" West 827.69 feet; thence leaving said line North 89<7.0'451\ East 2469.55 feet to the POINT OF BEGINNING of the parcel herein described; thence continue North 890:20'45" East 787.88 feet; thence South 84045'32" West 23.43 feet; thence South 74056'42" West 121.32 feet; thence South 79049'51" West 45.93 feet; thence westerly 45.51 feet along the arc {)f a tangential circular curve concave to the north having a radius of 66.00 feet through a central angle of 39030'16" and being subtended by a chord which bears North 80025'01" West 44.61 feet to a point of reverse curvature; thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to the south having a radius of 150.00 feet through a central angle of20012'57" and being sub tended by a chord which bears North 70046'21" West 52.65 feet; thence-North 80052'50" West 36.59 feet; thence westerly 46.17 feet along the arc of a tangential circular curve concave to the south having a radius of 80.00 feet through a central angle of 33004' 13" and being subtended by a chord which bears South 82035'04" West 45.54 feet to a point of reverse curvature; thence westerly 38.16 feet along the arc of a tangential circular curve concave to the north having a radius of 60.00 feet through a central angle of 36026' 18" and being subtended by a chord which bears South 84016'06" West 37.52 feet to a point of reverse curvature; thence westerly 68.84 feet along the arc of a tangential circular curve concave to the south having a radius of 305.00 feet through a central angle of 12055'58" and being sub tended by a chord which bears North 83058'44" \Vest 68.70 feet; thence South 89033'17" West 18.36 feet; thence South 89039' 11 " West 71.63 feet; thence North 89035103" West 36.03 feet; thence South 86006133" West 42.94 feet; thence South 83044'08" West 26.23 feet; thence South 51001'05" West 27.49 feet; thence South 33<7.5'42" West 19.95 feet; thence South 15039'57" West 20.54 feet; thence South 10054'31" West 34.64 feet; thence South 89<7.0'06" West 101.06' feet; thence North 10045'58" East 101.42 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 0.48 acres more or less. Bearings are based on the west line of said Section 27 as being North 00039'12" West; ~ ".""--- an<\. AGENDA ITEM No. /~) / . APR 2 7 1999 5 I 1.1 I Pg. //? ..........-._~-_...... J 1 1 j -~ I j All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commencing at the west 1/4 comer of said Section 27; thence along said west line North 00039'12" \Vest 827.69 feet; thence leaving said line North 89~0'45" East 3401.12 feet to the POINT OF BEGINNING of the parcel herein described; thence continue North 89020'45" East 443.43 feet; thence South 05034'48" East 147.72 feet; thence South 89~0'45" West 51.56 feet; thence North 23056'01" \Vest 13.07 feet; thence northerly 30.72 feet along the arc of a tangential circular curve concave to the east having a radius of 80.00 feet through a central angle of 21059'53" and being subtended by a chord which bears North 12056'04" \Vest 30.53 feet; thence North 05001'01" West 31.56 feet; thence North 36019'27" \Vest 32.02 feet; thence North 56004'43" West 35.11 feet; thence North 80039'23" \Vest 32.53 feet; thence North 88039'20" \Vest 97.78 feet; thence North 86004'48" West 45.79 feet; thence North 89049'56" West 132.77 feet; then<r~ North 69040'18" \Vest 37.23 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 0.38 acres more or less. Bearings are based on the west line of said Section 27 as being North 00039'12" West; AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL; BEGINNING at the northwest comer of said Section 35; thence along the north line of said Section 35 North 89045'35" East 5231.69 feet to the west right-of-way line of Airport-Pulling Road (C.R. 31); thence along said westerly right-of-way line South 00031147" East 5258.31 feet to the south line of said Section 35; thence along said south line South 89039'22" West 2541.65 feet to the south 1/4 comer of said Section 35; thence continue along said south line South 89039'32" West 2641.33 feet to the southwest comer of said Section 35; thence along the south line of said Section 34 South 89051'02" West 391.57 feet to the boundary line of a parcel described in O.R. Book 524,' page 121 of the Public Records of Collier County. Florida; thence along the boundary of said parcel North 01003'33" West 295.29 feet; thence continue along the boundary of said parcel South 89051'02" West 443.28 feet to the easterly right-of-way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58 of the Public Records of Collier County, Florida; thence along said easterly right-of-way line North 07009'08" East 1729.52 feet; r. - AGENDA ITEM No. / ~C ) I , ~ APR 2 7 1999 I I Pg. 4!&, 6 J L I f thence continue along said easterly right-of-way line northerly 649.69 feet along the arc of a circular curve concave westerly having a radius of 2929.93 feet through a central angle of 12042'18" and being subtended by a chord which bears North 00047'59" East 648.37 feet; thence continue along said right-of-way line North 05033'10" West 2628.44 feet to a point on the north line of said Section 34; thence leaving said right-of-way line and along the north line of said Section 34 South 89031'31" East 772.91 feet to the Point of Beginning; containing 708.39 acres more or less; subject to easements and restrictions of record; -- AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL BEGINNING at the northeast corner of-said Section 36; thence along the east line of said Section, South 02012'03" East 2671.63 feet to the east 1/4 corner of said Section 36; thence continue along the east line of said Section 36 South 02006'28" East 2519.08 feet to a point on the northerly right-of-way line of Vanderbilt Beach Road; thence along said northerly right-of-way line North 89039'39" West 2855.35 feet; thence continue along said line North 89043'59" West 2544.87 feet to a point on the easterly right-of-way line of Airport-Pulling Road (C.R. 31); thenc~ along said easterly right-of-way line North 00031'47" West 4490.03 feet to the southwest corner of the east 15 feet of the west 115 feet of the south 80 feet of the north 619.49 feet of said Section 36; thence along the south line of said land North 89027'57" East 15.00 feet; thence along the east line of said land North 00031 '47" West 8Q.00 feet; thence along the north line of said land South 89027'57" West 15.00 feet to the east right- of-way line of Airport Road (C.R. 31); thence along said right-of-way North 00031'47" West 539.49 feet to the north line of said Section 36; thence along said north line North 89~7'57" East 3914.28 feet to the southwest corner of the east 1/2 of the east 1/2 of said Section 25; thence along the west line of the east 1/2 of the east. 1/2 of said Section 25 North 01054'09" West 2668.19 feet; thence continue along the west line of the east 1/2 of the east 1/2 of said Section 25 North 01057'16" West 2567.06 feet to a point on the southerly right-of-way line of Immokalee Road (C.R. 846); thence along said right-of-way North 89014'36" East 1325.57 feet to the east line of said Section 25; thence along said east line of Sectio"n 25 South 02006159" East 2569.75 feet to the east 1/4 corner of Section 25; thence continue along said east line of Section 25 South 02000'46" East 2670.97 feet to the Point of Beginning; I containing 789.67 acres more or less; total parcel contains 2076.28 2,072.88 acres more or less; AGENDA ITEM No. /~(f)) . / 7 APR 2 7 1999 Pg. ~~r 1 r t 1 subject to easements and restrictions of record; bearings are based on the State Plane Coordinates 1983 datum 1990 adjustment, the north line of Section 35, being North 89045'35" East. /' / AGENO No. ..h/l , - J APR 27 1999 8 Pe. ~~ J L I I f - /- 2. Applicant (name, address, phone). WCI Communities 24301 \Valden Center Drive Bonita Springs, Florida 34134 3. Authorized Agent (name, address, phone). George L. Varnadoe, Esquire Young, van Assenderp & Varnadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 4. Location (City, County, TownshiplRange/Section) of approved DR! and proposed change. The Pelican l\'larsh Community is located in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East, Collier County, Florida. 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, 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 information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. The Pelican Marsh DR! was originally approved by Collier County in 1995 (DO 95-1; Resolution No. 95-71) to contain 5,600 dwelling units, 575,000 square feet of retail commercial (gfa), 350,000 square feet of office space (including up to 100,000 square feet of medical office), 280 hotel units, and 36 holes of golf. An approved 1997 NOPC (DO 97-4; Resolution No. 97-457) decreased the number of dwelling units to 5,100 units and decreased retail and office uses by 230,000 and 150,000 square feet, respectively. An additional 27 golf holes and 120 hotel rooms were also approved in 1997. WCI Communities is proposing minor revisions to the Pelican Marsh Master Plan to reflect changes in the amounts of three previously approved land uses. The proposed changes are an increase of50,000 square feet ofIeasable retail commercial use (adding 57,500 square feet of gross floor area), an increase of 50 hotel rooms and a decrease by 25,000 square feet of medical office use. These changes are reflected on the revised Pelican Marsh Master Plan (proposed) attached as Exhibit "A." - 2 - r AGENDA ITEM ~ No. /07 (C ~ ~ I ' . ~ APR 2 7 1999 ~ ; Pg. 67 I I J I I 1 The chart on the following page describes the uses originally approved in the 1995 Pelican l\farsh Development Order (DO 95-1) and the changes resulting from both the NOPC approved in 1997 and the proposed changes that are the subject of the current application. \Vith these proposed changes, considered cumulatively with the previous NOPC, the Pelican Marsh DRI has been reduced by 500 dwelling units, 172,500 square feet (gfa) of retail, and 175,000 square feet of office use since the 1995 DO was issued. There has been a cumulative increase of27 golf holes and increases of36.4 acres of cons en ration area and 55.2 acres of open space. \Vith the proposed addition of 50 hotel rooms, the number of approved rooms will total 450. No additional land is being added to Pelican Marsh and there are no proposed changes to the phasing, commencement or buildout dates, or to the currently approved development order conditions and requirements. A traffic analysis prepared by David Plummer & Associates, attached as Exhibit "B," establishes that the changes will not have a significant or adverse impact on the regional roadway system. The proposed changes do not constitute a substantial deviation from the currently approved Pelican Marsh DRI. I I - 3 - ~ I AGENDA ITEM No. /,.2((_) , APR 2 7 1999 Pg.~~ ",-- 3 -= o .cl GJ <-..;0.:::8 .....~"O ~ III ~ ; ~ 8 ~ = ~ :;~..... 8.cl0\ ::IU~ U .... - I In Q'\ o ~ ~ U Z - 00 00 ~ C-' Z ~ U ~ 00 ;;;;J Q Z < ~ Q ;;;;J Q.c -- C2 Q - - iJJ :::::: < ~ Z < U - ~ ~ Q.c - - I If) ~ 0\ E o o 0' 1f)Q:i 0\ ~ 0\ ~ -0 .,5>'0 "0 ~ ~-g .- - .. ,- o c: -5~ <~ GJ OJ) = ~ .c: U U Q., o Z 0\ 0\ 0\ .... ~ c.o = ~ .c: U U Q., o Z r- 0\ 0\ - GJ III ;J -0 c: ~ ...J !l .~ o o V') I o o o - V') !l 'a ::I ell ~ ~ ~ '"0 o o V') . .~ c: ::l o o V') ~ '2 ::l c.o .5 ~ ~ '"0 o o 1.0. V') .~ c: ~ ~ C <1J '"0 'Vi <1J 0:: o --;- .e- ~~ ~~ 'do g'Vl gg V') o. r-i~ r-_ "-;'. o 3'-;;- ~~ ~~ do& Vl Vl 00 00 V') 0 r-:o V') V') + + Vl <l.l .... U ~ o 00 -- .e~ c.oc.o '-' '-' 4:!ctl && Vl '" 00 00 V') 0 r-io o V') ':t M o -- .e~ c.oc.o '-' '-' 4:!4:! && '" '" 00 00 00 00 MO NN I I '" <1J .... U '" o 00 -- ~~ c.oell '-' '-' 4:!4:! && ell '" 00 00 00 .no ':to M M ell <l.l .... U '" o 00 ---. - ~~ c.o ell '-' '-' c:::~ &a- ell '" 00 00 00 .no r- 0 V') V') .... OJ E lU U o :~ u ~ (; '0 .... lU a a o u B lU 0:: ~ & '" o o o .n r- - . <t:l & ell o o o .n N I o 0- o /l) . u ~S o 0 ;,] ::l'- '-' '"0 o OJ o E o . .~ V') . r-O" - Vl 4:! & '" o o o o. V') - I 4:! ~ ~~ &O~ ",0,,-, 00.0 00 . o V') '"0 OOlU 0- a N 0. ::l '-' ---. lU u 06 ... 0 0. . ::l'"O . lU g a 0'0 rt:!4:! a-a- '" Vl 00 00 00 00 V') 0 M- (; '0 .... OJ a a o u OJ u !.;::: "-' o o r- - + o o V') + o o V') ':t ctl- .!l 0"'" '" lU o ell 00 o V') .r- 0'-' 00 o N - + o o o ':t ctl,,;;;, .OJ O"lU '" ell 00 o V') qr- o '-' 00 - '" OJ /l) '" o V') r- '-' o 00 N ctl a- '" o o o o. 00 ~ '2 ~ ~ a ::I: .... <l.l C OJ U ~ a :; u Vl /l) -0 ..c:: r- N + o ell OJ "0 ..c:: M 1.0 '" lU "0 .c r- N + '" OJ "0 .c M 1.0 ell lU "0 .c 1.0 M <l.l '" .... ::I o U ..... "0 (.:) Vl e u '" ':t Ici M + Vl e u '" N vi V') + o o Vl OJ .... U '" ':t ci M M Vl <l.l .... U '" <"'! "<t -- -- ell lU .... U '" ':t Ici M + V) <l.l .... U '" <"'! V') V') + ell lU .... U '" ':t ci M M ell OJ .... U '" <"'! ':t - - ell <1J .... U '" ':t 0\ N Vl <l.l .... U '" 0\ V') '" lU .... ~ c: .9 OJ ~ OJ V) t: o U ell .... ~ "-' ::l c::l --- OJ U '" 0. Vl t: <1J 0. o .. .. .. ~ '" ] 'B. . " ~ r. ~ ~ " ~ <! ~ Ii " i. AGENOA ITEM No. /;)(f J .I APR 2 7 1999 Pg. ,63 , I f I I I 1 J I J 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. Ifno change is proposed or has occurred, indicate no change. See Chart below. 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRl 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? Ifso, has the annexing local government adopted a new DRl development order for the project? The Pelican Marsh DR! (DO 95-1) has been amended hvice, as described below: A. Collier County approved Development Order 95-5, by Resolution No. 95- 555, on September 26, 1995. The change consisted of a new legal description and corresponding plan and text changes to reflect the addition of one (1) acre ofland to the project. f f B. Collier County issued Development Order 97-4, (Resolution 97-457) on December 9,1997, which approved the applicant's NOpe with the land use changes shown on the above chart followir,tg question number 5. 8. Describe any lands purchased or optioned within V4 mile of the original DRl site subsequent to the original approval or issuance of the DRl development order. Identify such land, its size, intended use, and adjacent non-project land uses within Y2 mile on a project master site plan or other map. WCI Communities has an option to purchase, during the year 2000, 151 acres of land on the east side of the future Livingston Road. A legal description of this parcel is attached hereto as Exhibit "c." 9. Indicate ifthe proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19), Florida Statutes. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., Florida Statutes? YES NO x - 5 - AGENOA ITEM No. /e:P(C) j. APR 27 1999 Pg. .~" I t- J 1 I I I I I I I /- 1 , 10. 11. 12. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. No changes are proposed. Will the proposed change require an amendment to the local government comprehensive plan? No. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), Florida Statutes, and 9J-2.025, Florida Administrative Code: See attached proposed Development Order, attached as Exhibit "D." An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved ORl or development order conditions. A copy of the approved master plan is attached as Exhibit "E" and a copy of the proposed plan is attached as Exhibit "A." , 13. Pursuant to Subsection 380.06(19)(f), Florida Statutes, include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a. All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components ofthe proposed change; See proposed Master Plan, Exhibit "A" and revised Development Order, Exhibit "D." There are no proposed changes to phasing or buildout dates, nor to existing DO requirements and conditions. b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; No land is being added to Pelican Marsh. There is no change to the legal description. - 6 - AGENDA ITEM No. /d(c j / . APR 2 7 1999 Pg. .5'5 - 1 t c. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; I I Not applicable. d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; No change. e. A proposed amended development order date until which the local government agrees that the changes to the DR! shall not be subject to down-zoning; unit density reduction, or intensity reduction, if applicable; and No change. f. Proposed amended development order specifications for the annual report, incl uding the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. (( No change. - 7 - AGENOA~ No. Be I-.PR 2 7 1999 Pg.~- I l- SUBSTANTIAL DEVIATION DETERM:INA TION CHART I TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO LAND USE CATEGORY PLAN PLAN CHANGE & DATE: COLLIER COUNTY D.O. 97-4; , RES. NO. 97-457, Dec. 9,1997 j Attractionl # Parking Spaces 400 (no change) 400 400 Recreation # Spectators #Seats 750 (no change) 750 750 Site locational changes See Map "H-2" See Man "H" Acreage, including drainage, within 80-acre 15 acres within 80-acre "activity center" ROW, easements, etc. activity center ! j # External vehicle trips f D.O. conditions ADA representations Airports Runway (length) N/A N/A N/A J " Runway (strength) - Tenninal(gross sq,ft.) # Parking spaces .. # Gates f Apron area(gross sq,ft.) Site locational changes I Airport acreage, including 1 drainage, ROW, easements, etc. I # External vehicle trips j ,; D.O. conditions ., ADA representations Hospitals # Beds N/A N/A N/A # Parking spaces , ; Building (gross sQ.ft.) Site locational changes Acreage, including drainage, ROW, easements, etc. # External vehicle trips ,,- D. O. conditions ,......~ II ADA renresentations ~ .. /"'//J J - 8 - ~ ~ APR 27 1999 ~ i,' ." , Pg. 6.L t_ I . t t I TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO LAND USE CATEGORY PLAN PLAN CHANGE & DATE: COLLIER COUNTY D.O. 97-4; RES. NO. 97-457, Dec. 9, 1997 Industrial Acreage, including drainage, N/A N/A N/A ROW, easements, etc. # Parking Spaces Building (gross sq.ft.) # Employees Chemical Storage (barrels and Ibs.) Site locational changes # External vehicle trips D. O. conditions ADA representations Mining Operations Acreage mined (year) N/A N/A N/A Water withdrawal (gal/day) f Size of mine (acres), including drainage, ROW, easements, etc. Site locational changes # External vehicle trips D. O. conditions ADA representations Office Acreage, including drainage, within 80-acre 20 acres within SO-acre "activity center" ROW, easements, etc. "activity center" Building (gross sq.ft.) 175,000 sq.ft, (up 350,000 sq. ft. (up 200,000 sq.ft. (up to 50,000 sq.ft. to 25,000 sq.ft. to 100,000 sq.ft. medical office) medical office) medical office) # Parking spaces # Employees Site locational changes See Map H-2 See Map "H" # External vehicle trips D. O. conditions ADA reoresentations AGENDA ITEM No. ./2(C} . APR 2 7 1999 .~ - 9 - Pg. Sl i TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO LAND USE CATEGORY PLAN PLAN CHANGE & DATE: J COLLIER COUNTY D.O. 97-4; RES. NO. 97-457, Dec. 9, 1997 Petroleuml Storage capacity N/A N/A N/A , Chemical Storal!e (barrels and/or lbs.) j Distance to navigable waters , (feet) , Site locational changes , Facility acreage, including drainage, ROW, easements, etc. # External vehicle trips D.O. conditions I ADA representations Ports (Marinas) # boats, wet storage N/A N/A N/A l # boats, dry storage j Dredge and fill (cu.vds.) , . I Petroleum storage (gals,) -. Site locational changes Port acreage, including drainage, ROW, easements, etc, # External vehicle trips . D,O. conditions ADA representations Residential # Dwelling units 5,100 5,600 5,100 , Type of dwelling units (no change) , , # Lots Acreage, inc. drainage, ROW, 576,8 acres 859 acres 576.8 acres easements, etc. (no change) Site locational changes See Map H-2 See Map "H" See Master Plan # External vehicle trips D.O. conditions .- AGENDA ITEM No. /o1(cJ J r APR 2 7 1999 - 10 - Pg. I'? I i , , :11 TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO LAND USE CATEGORY PLAN PLAN CHANGE & DATE: COLLIER COUNTY D.O. 97-4; RES. NO. 97-457, Dec. 9, 1997 Wholesale, Retail, Acreage, including drainage, within 80-acre 50 acres within 80-acre "activity center" Service ROW, easements, etc. "activity center" Floor space (gross sq.ft.) 402,500 gross 575,000 gross 345,000 gross sq.ft. sQ.ft. sQ.ft. # Parkin!! spaces # Emplovees Site locational chan!!es See Map "H-2" See Map "H" # External vehicle trips D. O. conditions ADA Representations Hotel/Motel # Rental Units 450 rooms 280 rooms 400 rooms Floor space (gross sq.ft.) # Parkin!! places I # Employees Site locational changes See Map "H-2" See Map "H" Acreage, including drainage, within 80-acre within 80-acre "activity center" ROW, easements, etc. activity center # External vehicle trips D.O. conditions ADA representations R. V. Park Acreage, including drainage, N/A N/A N/A ROW, easements, etc. # Parking spaces Buildings (gross SQ.ft.) # Employees Site locational changes # External vehicle trips D.O. conditions ADA reoresentations 1 AGENOA ITEw No. / .;; (C ~ -r APR 2 7 1999 - 11 - Pg. h () t r ....Jl TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO LAND USE CATEGORY PLAN PLAN CHANGE & DATE: COLLIER COUNTY D.O. 97-4; RES. NO. 97-457, Dec. 9, 1997 Open Space (all Acreage 114.2 acres (no 59 acres 114.2 acres natural and change) ve2etated) Site locational changes See Map "H-2" Type of open space non-im pervious D.O. conditions surfaces) ADA representations Preservation, Buffer Acreage 330.4 Acres (no 294 acres 330.4 acres or Special change) Protection Areas Site locational changes See Map "H-2" See Map "H" Development of site proposed D. O. conditions " ADA representations I 1 J f I AGENDA ITEM No. /~J / . AP~ 2 7 1999 ,,~, - 12 - Pg. ~/ 51 I' I i ( \ '-....J 'II II. ;'! Ii 8 n"o" 00 01 !Ii :p 8 U \.....; I G 0 'II ,.. ~ . C) . Ie i=\" "" 'I ., ii fIr fll! t r I I" ;;Uj ! i-Iii ~ If' '! 'II" I J If s:: '. I ( J . i II UI l J I ~ g) ,f ([ J J II f ~ 'I' m I. f ;;T I ! ~~~ . I~ I ('J . ii 0 3 3 c: ::J ;::;. "< i u . " ~ I u u . . n ~ ; . o . . . " " ~ ; o . . . " " I , ! Ii ~~~~ ~ ! ~J , II l~ Ibl ~I' ~'~::c:::-k~_:u':'::&~L~'::~[=':~: 1 [~~_~~_:_~~~~_~-=-~~~---=-:~.:_:.:.:.~.;...,:;; _ ~__:-=-_~_:_________________. .....-.~ r ~11~rl. i n -1;1 -f "It ).1' i k i I ~ ~ I:~~~i ~ I: Exhibit A Map H2 (Revised Map H) Master Plan Pelican Marsh Communities A f'lImed u-iI ~ liIr wa Cornrruitie8, Linited Partnerlltlip ~ ~ ') :I ;.,r:~:::f;W'd~ N)~ '''''l'' 1999 i..-'" .. j -- _ --. .....~!elM'~__~.._.-...-..lI.'1.::'~.. Exhibit "B" Pg. hl - .- ,-- ,.--... EXECUTIVE SUMMARY APPROVE AN ORDINANCE At'\1ENDING ORDINANCE 92-60, AN ORDINANCE AMENDING ORDINANCE NO. 92-60, RELATING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX AND AN ADDITIONAL 1 % TAX THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125.0104, FLORIDA STATUTES, PROVIDING FOR AMENDMENT TO SECTION THREE CONCERt"JING THE USE OF TAX REVENUES TO EXPAND THE ALLOWABLE USES FOR CATEGORIES A, B, C AND D AND TO REMOVE THE GUIDELINES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LA \VS At~D ORDINANCES; Al\D PROVIDING FOR AN EFFECTIVE DATE, AS AMENDED, PROVIDING FOR ADDITIONAL USES OF TAX REVENUES FOR CATEGORIES A, B, C AND D AND TO REMOVE THE GUIDELINES. OBJECTIVE. To have the Board of County Commissioners amend Ordinance 92-60 as amended to inscribe the Board of County Commissioners' action at their January l2, 1999 workshop for the revised TDC program. CONSIDERATIONS. The proposed ordinance amendment will allow the implementation of a revised TDC program for fiscal year 99/00. The implementation highlights are as follows: . Ordinance 92-60 will be amended to allow funding for all areas allowed under State Statutes, "F,S. 1 25.0104". . The Tourism Development Program ~ill be integrated into the annual County budget to identify all TDC funded projects occurring during the next fiscal year. . One non-profit inclusive tourism promotion entity will be created, an umbrella tourism council, to handle all TDC funded advertising and promotional campaigns. . The special events funding, Category B2, is integrated into the overall promotions and advertising campaign, Category B, with the Tourism Council deciding on the level of funding for any special events to be funded with tourist development tax monies. The revised Tourist Development Program will be partially implemented for fiscal year 99/00. The ordinance amendment will expand the funding options and the Tourist Development Program will be integrated into the County budget for fiscal year 99/00, The budget will identify all TDC projects to be funded during the next fiscal year. Howcver, the umbrella non-profit tourism promotion entity will not be created for fiscal year 99/00. Advertising and promotion will continue to be handled by the Tourism Alliance, a tourism entity madc up of Visit Naples, Inc, and the Marco Island Convention and Visitor Bureau. Special evcnts funding will not be integrated into the overall promotion and advertising campaign at this time a1th~ugh the o~.dinance amendment. will c~nsolidatc both catcg rtes1~Ml~t\I~c.) ~ overall Category B collectIOn. SpeCIal events requests WIll contmue to be handled b the ~ollmy through the Tourist Development Council and approvcd by the Board of County Con missioners APR 2 7 1999 / _~7'--'-- Executive Summary Ordinance Amendment Page Two at this time, In the future we will be integrating this into the overall tourism entities responsibilities. FISCAL IMPACT. These changes will have no impact on overall TDC fund collections, however, Category B2 has been integrated into the overall Category B collections. GROWTH MANAGEMENT IMPACT. None, RECOMMENDA TIONS. The Board of County Commissioners adopt an ordinance amending Ordinance 92-60, as Amended, and authorize the Chairwoman to sign the ordinance. PREPARED BY: ,~ ./ ," / ~/~/ . 2t-L /:/-- t>"-"v.-=-." u . / cfreg Mihalic, . rector ~- 21 - JCJ , . Date dk:d~ ~ VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ~!(q1 Date N~G~~~~ APR 2 7 1999 0< _!:iL:::----- "--____ ORDINANCE NO. 99-____ AN ORDINANCE AMENDING ORDINANCE NO. 92-60, AS AMENDED, RELATING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX AND AN ADDITIONAL 1% TAX THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOP~T ACT, SECTION 125.0104, FLORIDA STATUTES, PROVIDING FOR AMENDMENT TO SECTION THREE CONCERNING THE USE OF TAX REVENUES TO EXPAND THE ALLOWABLE USES FOR CATEGORIES A, B, C AND D AND TO REMOVE THE GUIDELINES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Sec~ion 125.0104, Florida S~atutes prov~des for the levy of a local option tourist development tax by any county; WHEREAS, the Board of County Commissioners enacted Ordinance No. 92-60, which levied and imposed a tourist and development tax throughout Coll~er County for the purposes permi~ted in Section 125.0104, Florida S~atutes, as amended, and to u~~lize previously collec-ced to'Jris-c developmen-c taxes as authorizec ;::;v Chapters 92-175 and 92-2C~, Laws of Florida, enacted by the Legislature a-c its regular session of 1992; WHEREAS, the Board of County Commissioners of Collier County, by an extraordinary vote, desires to amend the uses of tax revenue and tourist development plan; and fv\'j-j:::REAS, ~:--:e proposed aIT,enCIr,ents were ;:reser:"Cec: -co "C!:e Collier County Tourist Develop~ent Council. NOA, T~EREFORE, BE IT ORJAINED BY THE BOA~J OF OOUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Fo.mcndment to Section Three of Collier County Ordinance No. 92-60. Section Three is hereby amended to read as :ollows: SECTION THREE: USE OF TAX REVENUES. A. The tax revenues received pursuant to t~:s Ordinance and the tourist tax revenues previously collected from November 1990 to November 1991 pursuant to Ordinance No. 90-43 shall be used to fund the Collier County Tourist Development Plan, which is hereby adopted as follows: 1 - Words uf:(lnlincd are added; words SlffiGk-11HBUtH are delered. AGENPA..lllr~-~ No. -.l"'-l.u...reo\ APR 2 7 1999 . Pg, __~____ -_. -~. .- TOURIST DEVELOPMENT PLAN The ~wo percent (2%) tourist development tax shall be levied throughout Collier County beginning the first day of the second month :ollowinc; cpproval of this Ordinance by referer.cium. The tax distrlc~ shall lnclude ~he entire geographic area of Collier County, Florida. The anticipated revenue for a two percent (2%) tourist development tax for all of Collier County over a twenty-four month Million Dollars period is Seven (24) ($7,000,000.00), less costs of administration. The additional one percent (1%) tourist developm9nt tax shall be levied ~hrcuqhou~ Collier C ~nty begi~~:ng ~he first day of January, 1996 ar.d ~erIT.inatlng on December 31, 1999. The ta.x district shall lnclude the entire geographic area of Collier County, Florida. The ca~egories of use of the two percent 12%) tax revenues by specific project or special use are hereby listed in the order of p.::-iority .::nd ir.cl;.;dc tLc .::p~r,J;(irr..::tc (;OJt 0'::- ::l:~C;,JC ~tior. :0'::- .:: t-Y.'-en-ty four ~::~~ rr.e;,t1-, [:criod fer 0.::(;1-. ~roJc.:t or UJC OJ fc~ CATEGORY A - To finance beach park facilities or beach improvement, maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inl~nd laKes and rivers to which there is public access as these uses rela~e to the physical preserva~ion 0: the beach, shoreline or inland lake or ~iver. ~ro~~Otc COJt e=~~~~~~~~oc~tion Percentage of Net revenue C' ~~~ ~.~~ -q--r-,rv v, v V v 60%, reduced by ~r.e amount recuired fer Ca~eg()~y D. C.n.TEGO?Y 3 - ~c p~c~o~e and advertise count~; ~C~~:2~ wj:h~n the Sta~e c: Florida, nationally ane :.:.~er:-,a:::.onally, Wf-:-i.-efr-- - -'€-fi€~~----t:-0u--=-i-s-rri ',,; :. :. r. ,:.:. .::: ~~. ~ :. s :. ::. :) f". c:: ':::;-:'T~:--5Bn----v~-t.---o----Go::'2..-:cr ::::;;;.;r.:.::;, r:-..::: gu.~~~~---fv~i:.~g(7fY B furrd-i-rrg-a'!:~;:--a€t...eB.---a5 ;;xn*i4:--..!.'.f'r!!- .:lnd inc~rpor.::tcd hcrcir,. however, if tax revenues are expended for an a:ti~ _~e_::_Yi~e, venue or event, the ac~ivity, service, venue or event shall have as one of :.ts main ----~--_.~.~---~_.~~- ~.ses the attraction of tourists as evidenced 2 - \Vurds ~rJ..inUl are added; words 5,f"vl<-t.'1f,"u~ are deleted N~G~T~4 APR 2 7 1999 P g. -...-;1;::-- ~e promotion of the acti vi ty, service, venue or event to tourists. ,\pprc;;:.:r.Clt:: cost cr cxpeG::;:: ::llo::~tion Percentage of Net revenue $.2,3::),8:2 40%, reduced by the amoun~ budgeted for Category C. The pcrce~~Clge c~ ne~ re~enuc w~cn~n CClteg.:rj a c~~:: be ~~r~her ::;pec:.~:.ec.::i .J::vec.ted .]c :.:l:o.,;c: ;c.; <or cc..:.~:.::;:;, c.d-;ert:.c:'..ng c.r.d d:'..rccc fficr:cec:'..ng $:', -:5::;, :JOO ~ ~b) For 100::11 projcoto-andjor ::1ot-~icc ,.'hioh promote touriom $56J,888 ~o ht :ccct 8%, t~t ~p to :'5~ dcpend~ng on c.moun~ bmigctcd c)' ~;-.e E02rd o~ Co~nt)' Cc::r..:'..cc~.:r_cY c ::or Gc.~.::gor~~. ::. ,...... .-., c." 0>""",'-", iT>..., V-..IV I v '-'..... CATEGORY C - To acquire, construct, extend, enla.:::;e, remodel, repair, improve, maincain, opera~e or Fromo~e one or more County owned m~seums or m~seums that are owned and operated by not for profit organizations and open to the public. ,~.pp.::c;;:'..:r,.]te coct ~~pe~cc c.::'ocction ?ercentage o~ Net rever-.ue $:: t.c S~J:,2:2 .!.....I1C 'CD t: D'...:d;e:ec fer -rh:..s Category by tr.e Board of County Co~~~ss~e~ers eac~ fiscal year, but not ~o exceed 7%. This amount may be amended upwardly or downwardly prospectively from the da~e of the b~dget amen~~ent approval, provided that the amount of ~he aggregate allocation per fiscal year budget amendment does not excee::: ""% of the ne~ revenue, CATEGORY D - To acquire, construct, extend, enlarge, .:-emodel, repa:'..r, :'..mprove, maintain, opera~e or promote one or mo~e fishing plers whic~ are publicly owned and operated. i~{7*~f'+S",,€~ ~j{pc:-:cc Percentage of Net revenue ~~-2-8~/88J ?~oun~ budgetec fc~ t~is Category C} t~e Board 0: County COITmlSS~Oners each fiscal year, but not ~o N~GE/J. Il~~ 3 - Words underlined are added; words S{f"c.kt};wuga are deleted. APR 2 7 1999 6 _.>':g:---~- exceed $200,000. This amount may be amended upwardly or downwardly prospec~ively from the date of the budget amendment approval, provided that the amount of the aggregate allocation per fiscal year does not exceed $200,000. It is the intent of this Ordinance that the above uses shall be funded separately, but simultaneously in the above percentages regardless of the act 31 amount of net revenues collected. Upon expira.tioi. the additional 1% tourist development tax as desc::::ibed i;. this plan, the Tourist Developme;.t Council may request the Eoard of County Commissioners to review ~he funding 11 . . - . .." a ocatlonS.-frt =~vc yc~r ~~tcrv~~~. 2. The additional one percent (1%) tax ::::evenL:es collected pursuant to Section Two (F) shall be used to finance beach improvement, mai~tenance, renourishment, restoration and erosion control. 3. The revenues to be derived from the tc~r~st development may be pledged to secure and liquidate reveyy-.:e bor.as ~n acco::::dance with the provisions of Section :25.0104, Flo::-ida Statutes. Such revenue bonds and ::::evenue refund:n; bonds may be au~hor:zed and issued in such principal amOL:nts, wlth such interest rates and maturity dates, and subj ect to such other terms, conditions and covenants as the governing board of Collier County shall provide. This paragraph shall be full and complete authority for e.cccmplishing such purposes, but s,,-c, aut.hority shall be supp:"err.e:-:-:al and additional 'to, and not. :.n deroga1:i:.::--. of, any powers now existing or later conferred under law. 4. The event bonds are issued by Collier Count.y for any of the purposes enumerated by the Tourist Development Plan, the amoun~ 0: ~our:st developmen~ tax receipts used to pay debt service o~ SL:ch bonds may exceed the percentages prov~jed for the purpose for wh:ch such bonds were issued; provided, nowever, t~e maximum annual debt service on such bonds, t0ge:.;.;er with an\! er obligat:ons of Collier County which were issued to finance lmprovements for t.he same purpose and which are secured by t;.,e 4 - Words I.)Jlsiulim:.d are added; words 5truc*,hrough are deleted. N~G~~I%arrt) ~ APR 2 7 1999 6, -. Pg. ----:::::-_ tourist development tax, must not exceed the stated percentage of tourist development tax receipts provided in the Tourist Development Plan for s~ch purposes, as calculated as of the date of sale of such bonds. For purposes of performing the calculatio;,s ciescr::.beci in this paragraph, the amo'.:nt: of tourist: development tax recelptS shall be ass~~ed to be t:he amou~t provided as such in Collier County's iwmediately preceding annual audi t, pI us, if the levy of such tax was irr.posed or increased subsequent to the beginning of the period which was audited, an amount eq~al to the estimate by the County Manager of the moneys the County would have received if the tax imposition or increase had been in effect during the entire audit period. 1'.t or prior to the iss'Jance of bonds the County Manager shall provide a certif:cate as to the findings required in this paragraph, which certificate shall be conclusive as to all matters provided therein. B. The above and foregoing Tourist Development Plan may not be substantially amended except by ordinance enacted by an affirmative vote of a majority plus one additional merr~er of the Board of County Ccmmissioners. SEer I Ct,~ T HRSS : CONFLICT AKD SEVE~;BI~ITr, In the event th:s ord:nance conflicts with any other ordinance of Collier COU:1ty or other applicable la',.;, the more restrictive sna_l apply. If any phrase or pcrt::.:;n of t!:is ordinance is held invalid or unconstitutional _, any COint: competent jurisdiction, such portion shall be dee~ed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTIOK fOUR: INCLUSION IN THE CODE Of LAWS AN: ORDINANCES The provisions or this Ordinance shall become and be made a part: or tr:e Code of La,',^,s ar:d Ordinances of Coll:er Cou:Jty, Florida. 'T!":e sectio:Js of the Ordinances may be renumbered or relettered ~o accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. . AGEfJlll~ No. _. 5 - Words underlined are added; words s,nkck4J;rougB are deleted. APR 2 7 1999 pg;_=::::L_~ SECTION FIVE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the retary 0:: St:at:e. PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Co~~issioners of Collier County, Florida, this day 0:: , 1999. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, Chairwoman Approved as to form and legal sufficiency: tJA (~ j 4t11 ~ Heidi F. Ashton Assistant County Attorney HFAlhlllf:\Ordmance\Expand 99 TD Tax Ord. 92-60 N~GF~ze~ 6 - Words underlined are added; words slruGk-ilirough are deleted. APR 2 7 1999 pg.~_J_ EXIIIBI+-A f\.nSSIGN~-A'fEl\1ENT The goal of the Tourist Dcvelepment~iHs40 advise the G-eYier-Gounty Board of f:~iener-5--wi-ili,-e5f3€'C-He--the-e*penditure of Tourist De~*1~Y-effile; The goal of -T-eurist-+a~-p~nditurcs is tG-promote tourism-ifl-{::~~r .county with un emphasis on the ~nd--off season of-May-{hrou-gh November. AP-FbIC-A-TIO~~D-RE-V-IE\" PROC--ESS 1) IJ:2C---A4:n~rn-S-tratBf-:4'-he-C~nier County-Manager-er-his designee shan be the administrator of the Tourist Development C<mncil (TDC). Awli~-atffins and infBrmatien-f~-funffing-40uld be obtained from: A4ministrator/D irector Gellier~-Billist-DevelBpment Council Geaflty-Mministrator Office 3301 T ami-ami--T-ffiit-East A4ninistrat<<m-BuiMi~oo -FleeF ~a 34112 f94-l1 771 8717 2) ApttJK--i1tKms:---AU-applivants-5ltaU-OO-r-equirOO-t~wHcation package which 5hatl~seB40-determiH~-eligibi-Hty-anG-pflorily of [undffi~tiens must f.oc-tBBe---a-t-.(}fBpreh ensi v e ffiafketffig-wt-iBfl-i3lan-whi-eh-aBdresses-t-lw-mission st~ the---+eurist-Gfaflt-Fro~-aln-and-iHime--line-wit~-lar--€in phasi s on generating roBu:v!night&-Fifteen-ropies of the applivatioo-Hffist be submitted. AU-appJ-ivatKtns-nHlSt-Oe-subHHHcd thirty--(~rior to the -lW~eeting. Quarter! y ill cetings are sc-hOOu-lOO--furthe-thH=d-MeMay--Bf-January,-ApR-l,--July---ane G€tOOBF,- how ev er-,C--ate gory B2--appl-K-atiBlls-wi-l-J--.OO-heaffi-BR-lY--Ht--th&ApHl-ttnd-GBtOOef meetings:--+he-+OC-A4nini5tr-atBf-witlHd 'fflft-is-e-tlle--SVhedule-Bf-t:}uarter 1 y TDC tlleetings-on-Br---aoom--Seplember-Bf-ea€.l'l-Y.ear. The--'fOC-Ad-Hlitl istratBr-wi-lHeyiew-the-ilpplic-at-ion--for~-B!npleteHes5-:----Ioc-.emp lcte or i nsu-fficien t-appl ic-at i0l15Wtil-au lOH'lut K:--illly -be-retume<:h -Minor-iHBgul-aritH3s-may-be w-aived-by--the--Tom-tst-Qeve1opment-Goul1c-i1 ,-aHB-5tlpp+emBRta l--i+lfoHnatien-may-be pro viJed. by-the-Appl ivant-priQHo--tlremeet-ing-at wtli{.o.ft-the--T-Burtst-DevelBpmoot-C-BURC-H will-BBilsioo1'-llre- a ppllc-at.f{ffi;- ------- -- -ThB+DG-M m i nistr-ator--will-subfHit --theapplK:--atioo-tB-thB-TDC-wtth~vahtat-iBfl relat-ivetD theselectiBn~r~teri-a:- N~G~), 'tBW-t:lre-=f-D(; APR 2 7 1999 ~--::rheTDCwilltheH-makB-i tS-1'eBBmm~ndation-totheBGC--T-he g.cCWt 11-1' reeD m men d at iona nd-fma lly-app mv-e--ordelly-fuHBtRg-: Words underlined are additions, words stFuckthrough arc deletions. 1 Pg. q ___ 3) E.r~~. Each appli~t--ffiilY'filake-a-pr('sentat-Hm-OOfer.e4he--l'f>G-.at-the discretion of the Chainnan-er-by the ac.elamation-ef-th' .. OOinfilent--shall--Be-all()wed~her d uring-QI~1OOiately after --allilf.esentations. 4) Contfa€{s~{)V(.'dfili-funding, aU-appliffillt-s-wilt-be;--e€tUired-t() sign an agroement with-C~llier~n-a-fBnll--aJ?i*~he Boar~-Getmty--Gemmi55ioners. ~j ~lecttoo-.efltffiu. The TDG1viU-6foote-it-5-{rWn-selec-ti-en-vFit-~may include, withBut-ilini-t-atieR-,--th&fulffiwing-:~~~SIR--Hativnally and intemat-ienall-y-,-ability-t{}-g~~t~-premet~.ffieilld~ ~ity to attra6t:~ County visitors. DISB-URSEl\-IEN-T-GYI~EI_.INES-FOR--A:l)VE-RT-l-8-ING-AND-P-ROMGHGN GA~EGORY (BI). 1) El;g-i-ble AprJ*ai1ts. Any governmental, or net-fer-profit entity is eligible for f~ 2) Eli-gibl~7\{:4i-v+ties. Funffing~&pr~ier County or a specific geographiv--arBa-Within--Go IIi er Gouflt-y-us-a-tew=i-st--d~inatioo-thfoogh-promo tiena! ac--tivtttes--€-.omn1Bfl-t-e--destinatiofl-marketing, These aotiyities-may--iooill~t not be limit-ed.-te-,puhl ic-ity-,-Fuhlic-Telatioos,udvertising-fulillilnent--,und-ad-vertisinglpremetiea by--dtrBCHnail, tclovisi()fl,raaio,-new5pa~or any otllBHllOOia-rorms such as- vidOO5--ili1d-broc-lxUf.es~y-alw-incIBde--re . at-ed-by ai3pOOrafl€-e5-ut--tfad~ws~-All--ootivi{ies---HW5tffBmO<<:Hhe-shoolOOr---aOO-e-ff season 0 f May-thr{}u-gh--Nevcm ber. DlSB-lJRSEMEN+-GUIDEIANES-FOR LOCAh-P-ROJEC-l'S-ANDIOR-AC-+I-VIl'lES mUGII-PR~\-l-O'f-ET-Ol+RlSM-CA.+EGOR~~-B~ -l-j----- E I jgihktGr...:gQniZilili.m~~Y-gBV~fHmental,---Het-fof-profit--()f-fer--profit~y is eli gi b Ie t.' r --fundiH~ 2) E:ligi~-h41:yities-~ligible;lCtivitiBsaf~i3H)graB~s-,~ti-vals-.or~11 events aI~ pr-ej&-ts-and-ac-tivities-w hich11 a ve a--htstory--ef~th&j3Bt~Ht i al--fOf-Ut-trac-ting-out--ef-eeB.ltty visiter~tI1ef-H5-j7artic~ pants -Df-5p&-{ators,-generat-ing hetel!m~a 11xpgfBUHG,-reem H1 ght~ons j d erat<<m -wm-illwbegi~1kHwen t 5 whicltoan-genera t en at leHal-;--sffit.e-ef regiQnal-moo1H ex POSUfB-f{}r-C 011 ierC-eunty---ef--a-s}}ectfic-geogrHphic-urea-wtH1in-C--ellfflf Omnt-y; .- J }----!.4~.::QfF \~;--F{)r-appl-i{..'..ations. over-$lS,oOO .OO,fu11ding -ma y--enly-be-used-for--the ad verttsin g-and p romot-ion--as-dewrwoo-aoove under Category B lof-the--lBDa-l-j7rojoots and!of -i.l0t 1 v1t1 eswhid1 pf-GiHDte toufism~----Fof-appliDat i0l1s-under-$2S,oOO;-OO,-TI3G-funds may-be -usf..>dfor -the fund ingof-the ..leGalproject. and/Dr--iHo,twtty., AGENlM 1JliV'\ ~ No. _~~ ----------Forapp I ica t iOl1s S25 ,OOO;OO-or.lcss, the follow iHg-are . i nel j gilil&-ex pen{li t ill' Words lli}dc~ arc additions, words strLlck -througH arc deletions. APR 2 7 1999 /0 _..... Pg. -=~_-c~ ~ Annual operating-ex peOOitur~ot-dir€etly related-tiHh&ootMty-ef--pro j ect. ~ Emj3ffiyment of p&50nnel-nBt-eirectly-n~lated-to tho activity or-projoot and not specified in grant-applieation. ~ Gapital--impr-ovement,-inclOOmg~~'.v construvtion, renovation, restoration and installation or r8jHacement of fixtures. 4- Purchase oft~sonal prop€rty,ioc-luding but not limited to office fum~uipment-,-permanent.-~nootiens--or-individual pieces of art. ~ ffiter~-1~Hieficits or loans. Expenses incurred or obligated prior to er-aft~--t-fuOOing period. 6-:- FiiL-e-ffi{)ncy, scholar-ships,-awaFds,laques, or certificates. ~ :r-F-a~irootly-assooi{lted wit~ &.,- Fr-ejoots ,....hich-are-r-€5tflcted to privato-Br--€x8usivo p~tion except for tfwttatiBnal .events which requir~-il-pr~lffi€.atien-ofparticipaflt5 through proven ability-to generate hotel room nigfit~es' nrea--sili?uld season. 9-:- Pri vate ooteft-airunent, food or be';orages cxcept~iBflal events \vhich reqmre-a--prequalification of~i-pant-s4roug~~enerate hotel ~uring the Naples' area-5flould season. ~ Ivfaking payment&-for-gBOds-. ~ +h- Ev€flt-s-wllli:-l1 are exBklsively local in-nature such as a parade. REPORTING REQUIREMENTS. Atl---aw1-i€.ants-that--ar~war43d-fuOOtng-from-C~ry-B2 'Nill be r-equired to evaluate and---inBniteF4fl.e-tBuFis!i1--in1}*lCt--ef-the event. \Vithffi--ninBty-{9D) days after the event, the appliBant-wtll---bB-requirOO-to provide-a-wriHen--repeFt-to-the COWlty Manager'!> off~ GppwF-at-the--next.--mooting of the tour-ist-developnwnt-tiB\:-oouneH-fuUewing-the.submissien of the written report. h:/ewfhfaffDCfF orms/ gu ide lines -AGENOA'Wl'\ No..~D\ Words lmckrli1@ are additions, words 5tRlcktllHmgn are deletions. APR 2 7 1999 Pg. _lL~_ .Naples irea Chamber of * Commerce ,/ ACCREDITED CHAMBER OF COMMERCE CHAMBtFl OF CO....ERCE OF THE UNITED STATIE"S Mr. Robert Fernandez County Administrator Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112-4977 April 19, 1999 Dear Mr. Fernandez: At the April 13, 1999 meeting ofthe Board of County Commissioners, Chairman Mac'Kie requested a presentation and written report from the Naples Area Chamber of Commerce on the status of a tourism board to be made at the next meeting on April 27, 1999. We will be pleased to provide this report that follows up on our commitment to the Commission on August 4, 1998 to hire a consultant to recommend the best options for tourism promotion in Collier County. We presented that report on November 3, 1998. Mr. Mihalic presented the staff analysis of the Tourist Development Tax Program on November 17, 1998. With this information in hand the industry has moved forward with an extensive series of meetings. We look forward to advising the Commission of this process. Written material will be provided to the Commissioners in advance ofthe meeting. Sincerely, ~~ AGEriAdT~,\ No. AI;;~ l 7 \999 Ellie Krier Executive Vice President cc: Vince Cautero Greg Mihalic - ADMINISTRATION 3620 Tamiami Trail North. Naples, Florida 34103-3724 . Phone (941) 262-6376 . Fax: (941) 262-8374 E-mail: chamber@naplcs-online.com . Internet: www.naples-online.com VISITOR CENTER 895 5th Avenue South. :"hp1es, Florida 34102-6605. Phone: (941) 262-6141 . Fax: (941) 435-9910 WELCO"m CENTER 5645 Strand Boulevard. Pelican Strand. I\'aples, Florida 34110 EXECUTIVE SUMMARY RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS TO APPROVE AN EMERGENCY ORDINANCE TO AMEND COLLIER COUNTY ORDINANCE NO. 98-74, THE COLLIER COUNTY FIRE PREVENTION AND PROTECTION CODE, TO PROHIBIT CAMPFIRES AND OTHER DEFINED FIRES AND TO BAN THE SALE AND USE OF FIREWORKS DURING DECLARED DROUGHT EMERGENCIES. OBJECTIVE: The intended purpose of this ordinance amendment is to prohibit the kindling, creating or maintaining of any campfire, bonfire, open or barrel burning of trash, the discarding of lighted cigarette butts outdoors, use of open barbecues or barbecue pits that utilize charcoal or wood, smoking in county parks, and the sale or use of fireworks whenever the Governor of the State of Florida declares a state of drought emergency that includes all or part of Collier County. --- CONSIDERATIONS: On April 13, 1999 the BCC directed staff to draft and bring back an Ordinance to protect human life and property during the current drought emergency by prohibiting campfires, bonfires and other types of burning and to ban the sale and use of fireworks. The State of Florida and Collier County have experienced a series of wildfires which continue to the present. The Division of Forestry uses a numerical index to measure the potential for wildfires on which a value exceeding 400 denotes a significant danger of fire and the present index exceeds a value of 600. The existing wildfires and the extreme potential for such fires continue to threaten lives and property in Collier County. On April 12, 1999, Governor Bush declared that a state of emergency exists throughout the state of Florida because of the extended drought and resulting potential for wildfires. The potential penalty for the violation of this ordinance amendment, if adopted, is the same as the penalty of Ordinance No. 98-74, generally, which is a fine not to exceed $500.00 or by imprisonment not to exceed 60 days in the County jail, or both, in the discretion of the court. Each day of continued violation or noncompliance shall be considered as a separate offense. FISCAL IMPACT: None. GROWTH MANAGKMENT IMP ACT: None. ~ RECOMMENDATION: That the'Board of County Commissioners approve an ordinance amending Ordinance No. 98-74 regarding campfires, bonfires, bun 1 ...'.."--.-.-........................- -",;... ...,..,_...".._...;,_..._...__.~-_... - lighted cigarette butts, use of open barbecues and barbecue pits that utilize charcoal and wood, smoking in county parks, and the sale or use of fireworks during declared drought emergencies. Prepared By: . /- ~-;-.. ,;- .-----/ , ( '------.. i .A./'''-- Robert N, Zachary Assistant County Attorney Date: <f - 2. / . Ci '; Reviewed ~. ,~t/)ka4 avid C. Weig County Attorney Lj--J./ -~ CJ h:RobertJEmergency Ord/Exec Sum .- 2 AGENDA ITEM ) No. I/).. C: L3 .\ 2 7 1999 J- Pg.,~ "-'.'~~~ 1 ORDINANCE NO. 99- 2 3 AN EMERGENCY ORDINANCE AMENDING COLLIER 4 COUNTY ORDINANCE NO. 98-74, THE COLLIER COUNTY 5 FIRE PREVENTION AND PROTECTION CODE; AMENDING 6 SECTION T\VO B(3), PERMITS AND APPROVALS AND 7 SECTION TWO D(1), OPEN OUTDOOR FIRES, INCINERATORS, 8 OUTDOOR FIREPLACES, BY PROSCRIBING CAMPFIRES AND 9 OTHER DEFINED FIRES AND THE SALE AND USE OF 10 FIRE\VORKS DURING A DECLARED DROUGHT EMERGENCY; 11 PROVIDING FOR DECLARATION OF EMERGENCY; 12 PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND 13 ORDINANCES; PROVIDING FOR CONFLICT AND 14 SEVERABILITY; At~D PROVIDING AN EFFECTIVE DATE. 15 16 WHEREAS, in 1999 Collier County has experienced wildfires accompanied by strong 17 winds which have caused real and personal property loss: and 18 WHEREAS, the Division of Forestry has a numerical index to measure the potential for 19 wildfires on which a value exceeding 400 denotes a significant danger of fire and the present 20 index exceeds a value of 600; and 21 WHEREAS, on April 12, 1999 Governor Jeb Bush declared that a state of emergency 22 exists throughout the State of Florida because of the extended drought and resulting potential for 23 wildfires; and 24 WHEREAS, that in the event of a recurrence of these fires, the emergency is likely to 25 exceed the capability of local firefighting resources to meet it; and 26 WHEREAS, the Board of County Commissioners of Collier County has fire safety 27 responsibilities for Collier County; and 28 WHEREAS, the risk of further forest and brush fires in Collier County is high given the 29 weather and ecological conditions; and AGEN DA IT~ \ ' No.-L~U-J Wood, und,d;n,d '" ,dd,d; Wo,d, S'ruckl1",,,>gft '" ddeted. ::~~~~99. I ,~~~<,-",~ .- 11 - -. WHEREAS, vegetation in County parks and preserves is extremely dry and poses a fire 2 hazard; and 3 WHEREAS, any campfire, bonfire, open or barrel burning of trash or use of open 4 barbecue or barbecue pits using charcoal or wood or discarding of lighted cigarette butts outdoors, 5 and smoking in county parks creates unacceptable risks for accidental or careless ignition of dry 6 vegetation; and 7 WHEREAS, the sale of fireworks and the igniting or use of any fireworks, including the 8 otherwise legal fireworks such as sparklers, and including public fireworks displays should be 9 prohibited because of the high risk conditions during this emergency; and 10 WHEREAS, the Board of County Commissioners has determined that the best method to help protect human and animal life and to avert the serious destruction of property that could _2 result from a wildfire during a period of declared drought emergency, is by declaring an 13 emergency and amending Collier County Ordinance No. 98-74, the Collier County Fire 14 Prevention and Protection Code. 15 NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY 16 COMMISSIONERS OF COLLIER COUNTY, FLORlDA that: 17 18 19 20 21 22 23 24 25 26 SECTION ONE: AMENDMENT TO SECTION TWO(B)(3) OF COLLIER COUNTY ORDINANCE NO. 98-74: SECTION TWO(B)(3) of Collier County Ordinance No. 98-74, is hereby amended as follows: (3) PERMITS AND APPROVALS i) Amend Subsection 1-15.16(c) to read as follows: 2 AGEN ~A IT~ No. _.I;). c.{;1J APR 2 7 1999 Pg. 'i Words underlined are added; Words Stru€-k-Through are deleted. ~~"~- .:-~.2;';._;j~~"!~ 1 1-15 .16( c) Bonfires and Outdoor Rubbish Fires. Kindling or 2 maintaining any open fire or a fire in any public street, alley, road, or other public or 3 private ground. Instructions and stipulations of permit shall be adhered to. Cooking fires 4 and small recreational fires not intended for vegetation or rubbish disposal, when 5 conducted safely and on the property of the subject, are exempt and do not require a 6 permit. 7 (ii) Notwithstanding the above provisions, during the duration of a state 8 of emergency declared by the Governor of the State9f Florida, because of extended 9 drought and t}1e resulting potential for wildfires, which includes all or part of Collier 10 County, there shall become effective a prohibition against kindling, creating or 11 maintaining any campfire, bonfire, open or barrel burning of trash, use of open barbecues 12 or barbecue pits using charcoal or wood, discarding of lighted cigarette butts outdoors, 13 smoking in County parks, and the sale or use of fireworks. 14 SECTION TWO: AMENDMENT TO SECTION TWO(D)(1) OF COLLIER 15 COUNTY ORDINANCE NO. 98-74. 16 Section Two (D)(1) of Collier County Ordinance No. 98-74, is hereby amended as 17 follows: 18 (1) OPEN OUTDOOR FIRES, INCINERATORS, OUTDOOR FIREPLACES. 19 (i) Amend Subsection 3-4.1 to read as follows: 20 3-4.1 See Section 1-15 for permit required. .... - 3 AGENDA ITEM No. I?- C.'0 ) APR 2 7 1999 Pg.~~ ..'~---. Words underlined are added; Words ~ettgh are deleted. Exception: Cooking fires and small recreational fires not intended for vegetation or 2 rubbish disposal when conducted safely and on the property of the subject. 3 (ii) Amend Subsection 3-4.7 to read as follows: 4 3-4.7 No gas-fired or charcoal-fired cooking grills shall be kindled 5 or maintained on balconies or within 10ft. (3.1 m) of buildings, LP gas cylinders in excess 6 of 2 Y2 lbs. water weight shall not be stored within 10ft. (3.1 m) of a residential building. 7 Exception 1: Detached One and Two Family dwellings. 8 Exception 2: Permanent gas-fired or electric grills with proper ventilation 9 hoods/facilities installed per the manufacturer's instructions. 10 (iii) Notwithstanding the above provisions, during the duration of a state 11 gf emergency dec1.ared by the Govemor of the State of Florida, .because of extended drought and the resulting potential for wildfires, which il)c1udes all or part of Collier 13 County, there shall become effective a prohibition against kindling, creating or 14 maintaining any campfire, bonfire, open or barrel burning of trash, use of open barbecues 15 or barl>ecue pits using charcoal or wood, discarding of lighted cigarette._butts outdoors, 16 smoking in County parks, and the sale or use of fireworks. 17 SECTION THREE: DECLARATION OF EMERGENCY 18 This Board does hereby declare than an emergency exists and that immediate 19 enactment of this Ordinance is necessary, and by no less than four-fifths (4/5ths) vote of 20 the membership of this Board does hereby waive notice of intent to consider this 21 Ordinance. -- 4 AGENDA I.Tl~j No. ~\-~.' APR 2 7 1999 Pg. _~_fe "';'~".:';'~':'::"~\~~~- Words underlined are added; Words Stmc*+hreugfi are deleted. 1 SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES 2 The provisions of this Ordinance shall become and be made a part of the Code of 3 Laws and Ordinances of Collier County, Florida, The sections of the Ordinance may be 4 renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed 5 to "section," "article," or any other appropriate word, 6 SECTION FIVE: CONFLICT AND SEVERABILITY 7 In the event this Ordinance conflicts with any other Ordinance of Collier County or 8 other applicable law, the more restrictive shall apply. If any phrase or portion of the 9 Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such 10 portion shall be deemed a separate, distinct and independent provision and such holding 11 shall not affect the validity of the remaining portion. 12 SECTION SIX: EFFECTIVE DATE 13 A certified copy of this Ordinance, as enacted, shall be filed with the Department 14 of State by the Clerk of the Board of County Commissioners as soon after enactment by 15 said Board as is practicable by depositing the same with the postal authorities of the 16 Government of the United States for special delivery by certified mail to the Department 17 of State. 18 This Ordinance shall become effective when a copy has been accepted by the 19 postal authorities of the Government of the United States as set forth in Section 125.66(3), 20 Florida Statutes. 5 AGE. ND"; J};'{i \' No.-12- J t-\PR 2 7 1999 Pg. ~~_L_ Words underlined are added; Words 8tHi€~ are deleted. ~~.~;~'P-:'~:~,;,:,:,,~~-' -, PASSED AND DULY ADOPTED by the Board of County Commissioners of 2 Collier County, Florida, this _ day of 3 ATTEST: 4 DWIGHT E. BROCK, Clerk 5 6 By: 7 Deputy Clerk 8 9 Approved as to form and 10 legal sufficiency: 11 ( 12 ~ 13 Robert N. Zachary 14 Assistant County Attorney 15 16 h: RobtlEmergency Ordinance ,1999. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, Chairwoman --, 6 AGENDA 110 . No.. 1;2. C . j APR 2 7 1999 %' Pg. _~,_ .~lO:,;r.;.:~-':),.. ~ ~~"17"'~- Words underlined are added; Words gtru~kThreHgfl are deleted. ,,-... EX&:CUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF JASMINE LAKE AND APPROVAL THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of Jasmine Lake. CONSIDERATIONS: The Board of County Commissioners on November 24, 1998 approved the final plat of Jasmine Lake with the stipulation that the plat not be recorded until security was provided to ensure completion of the required subdivision improvements. FISCAL IMPACT: The fiscal impact to the County is listed below. The ~ project cost is $143,968.59, to be borne by the developer. The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $20,376.00. The developer has provided a Cash Bond as the required security. The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $3211.03 Pees are based on a construction estimate of $143,968.59 and were paid in June, 1998 and are reflected in the Executive Summary of November 24, 1998. .---- AGENDA ITEM No. /t(4) I APR 27 1999 Pc. / Executive Summary Jasmine Lake Page 2 GROWTH MANAGEMEN1'__IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the final plat of "Jasmine Lake!!, with the following stipulations: 1) Accept the Cash Bond as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "Jasmine Lake" . 3) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 4) That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: .'~.\.~)i~, J ! 1 : ~~. '- ., '-. ~~-, John R. Houldsworth, Senior Engineer Engineering Review 6'1 ~- C\~. Date REVIEWED BY: ~'nW r :1k- Thomas E. Kuck, P.E. Engineering Review Manager 4-/2- 99 Date ---... ob rt Mulhere, AICP Planning Services Department Director ~,/ l -9/ ~ ?197 D te Vincent Cauter, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION ---- j rh AGENDA ITEM No._ /t011 APR 2 7 1999 pg.~ . .'.:.7<~~~'--- '~iI BONITA SPRINGS BlNT A 8(A(}I RD @ ".~ ROAD Ii! I I ...,.... ~ ...... ,. ...................... e: ............. J ..:.:.Qij rf:'-:-'-.':.. . ! ...~ ....., I. .............. @ NAPLES iDi~~":.:;;'lIgi:ll- """'W'I l'~}< 00 18 PROJEcr lOCA TlON . _.r ':':~~';" .#. -. -., .;.: .: ..... !;";......,.lJ., ~.",- j ,'." s-. -:~. "-... _~~__!"JlU._:'l. pg~::1~!~ "',.7.~,lf~..'1.7:: "~~ - ~T.' ... ,.,'j3;'."""R:.0i. ..... ;.\.o,Z':',,'.}j'!'1i,'C\'i.Y.;.., o NAPLES'ARE.A..MA~P:~~~~~: GOLDEN GA TE COLLIER COUNTY I..AND DEVELOP;\IENT CODE ) CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREElvfF.NT FOR SUBDIVISION 1M. PROVEMENTS entered into this _ _ ~ day of. , 19 951' between tl.'i1-t6eDo~ ""[)c-v 8-D PI\'\E)Jl,tr'Weinafter referred to 8.8 "Developer," and the Board of County Commi5Sioners of Collier County, Florida, hereinafter referred to as the "Board." RECITALS: . A. Developer hu, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known u: JMIJi.. \ -.LEo. \-A):-t.. B. Division 3,2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements rf<luired by said subdi. vision regulations, said guarantees to be incorporated in a bonded agreement for the construc. tion of the required improvements. If - NOW, THEREFORE, in consideration of the foregoini premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and 8iJ"e8 sa followa: 1. Developer will cause to be constructed: ? AI) I ~'I. '\ I ~'\:~c\ ;1.'. c:, I {J...; a.t~v' ,ot S~CDf\JD L-l FI OF AS; Pt-+Il LT. s.e\,\)~"c- llt...-e C.bW\ tJ k-\-~ TD 3E. c.OM."l~i~b ?12-\oR. ')Co fINAL. lic.c...s? TA~ cS- -. within I 8 months from the date of approval said subdivision plat, said improve- ments hereinatl.er referred to 8.8 the required improvements. 2. Developer herewith tenders its subdivision performance security (at. tached hereto 8.8 Exhibit "A" and by reference made a part hereoO in the amount of $_20,37" . OCWhich amount represents 10% of the total con. tract cost to complete construction plus 100% of the estimate cost. of to complete the required improvements at the date of t.his Agreement. 3. In the event of default. by the Developer or failure of t.he Developer to comp';te such improvements within the time required by t.he Land De- vel ,.;ment Code, Collier County, may call upon the subdivision perf or- It' mdnce security to insure sat.i8factory completion of t.he required improve- ments. 4. The required improvements shall not be considered complete until a state- ment. of substantial completion by Th!'1eloper's engineer along with t.he final proje<:t r~rds have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The D~velopment Services Director shall, within sixty (GO) days of receipt of the statement. of substantial completion, either: a) !lotiry t.he Developer in writing of his preliminary approval of the improvements. or b) notify the Developer in wriUn, of hi. refusal to approve improvements, the.... with specifying t.hose conditions which the Deve!oper must rulfi J-n911kL--.- to obtain the Director's approval of the improvements. Howe er, irt.G~A ITEM No.--.L~ Supp. No. 1 LDCA:I0 APR 2 7 1999 Pg.~- ~~.~~....\...\,O. APPENDIX A-STANDARD LEGAL DOCUI\lI::;":TS (' ., event sholl the Development Services Director refuse preliminary ap- proval of the improvements if they arc in fnct constructed and submitted for approval in accordance with the requirements of this Agreement. 6, The Developer shall maintain aJl required impro\.ements (or a minimum period of one year afler preliminary approval by the Development Ser. vices Director. After the one year maintenance period by the Developer hl18 terminated. the Developer shall petition the Development Services Director to inspect the required improvementa. The Development Ser. vices Director or his designee shall inspect the improvementa and, if found to be still incompliance with the Collier County Land Development Code as renected by final approval by the Board, the Board shall release the remaining 10% of the subdivision perform,\"ce security. The Devel. oper's responsibility for maintenance of the required improvements shall continue unleN or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months acter the execution of this Agreement and once within every six (6} months thereafter the Developer may request the Develop- ment Services Director to reduce the dollar amount of the subdiviaion performance security on the basis of work complete, Each request for a reduction in the dolJar amount of the subdivision performance security shaJl be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for re- view 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 u of the date of the request. 8. In the event the Devp.loper shaJJ fail or neglect to fuHiIl ita obligations under this Agreement, upon certification of such failure, the County Ad. ministrator may can upon the subdivision performance security to secure satisfactory ('J)mpletion, repair and maintenance ofthe required improve-- ment.5. The Board shall have the right to construct and maintain, orcaule to be constructed or maintainedl pursuant to public advertisement and receipt and acceptance. of bids, the improvements required herein. The t>eveloper, as principal under the subdivision performance &e<:urity,.hall be liable to pay nnd to indemnify t"e Board, upon t'Qmpletion of such construction, tho final total cost to the Board thereof, including. but not limited to, engineering, legal and contingent costa, "-.gether with any damages. either direct or consequential, which the Board may sustain on account of the failure of the Developer to Culm) all of the provisions of this Agreement. 9. All of the terms, revenants and conditions herein contained are an shall be binding upon the DcveJo~r and the respective successors and aasigns of the Developer. J.' (r- Supp. No. 1 LDCA: 11 e~ ,1~~~~ APR 2 7 1999 ( IN WITNFsg WHEREOF, the Board and the Devclopt'r have caused this Agre executed by their duly authorized reprcscntativC'S this ~_ day of . pg..~ - ~~_"_",,,,~"'~-"o'_':_"'_'_'.'"-"" COLLIER COUNTY LAND DEVELOPMENT CODE If SIGNED. SEALED AND DELIVERED IN ~Eo:!F: L~~ a;~oJ ~~ ~~~ S"IP~ Printed or Typed Name ATTEST: DWlGHT E. BROCK, CLERK Deputy Clerk A~prfved 8& to {orrn. and legal sufficiency: ('u'CdL j. ./U ;.. L----- :::: ./ County Attorney (C' '-'" Supp. No. 1 ~lJC:.L.('?*~l..J-r l-Tl>. r Namel ~ \ By: ~r..vJ .CoofEl< Printed or Typed Name {P 00- tON I ~ G .e.,f"JbE: r\1.Thi... Co e.p. As;; 6 P. Title . BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Pamela S. MaclKie Chairwanan It. LDCA:12 ,___,",'1:k..;:'_~~~' . AGENOA ITEM No'__~ APR 2 7 1999 pg.___.t__._ --,-,..l~_',,"....r-..::.T"""':'l<.~"'.'_ -..-".,.."...,,~-"''''''''''''''.- NORTHBROOKE DEVELOPMENT, LTD. Utilities Acceptance Cypress Woods Single Family (Jasmine Lake) - Phase I - SID 98-18 FP 98-32 Utilities Performance Security - Bank Check for $20,376.00 o c (" r- "- IWLV4D r. lG-~ c ') ') ..- nt LrP ,. ,~, ;J-': I - .~--., ., _ !~I'!; 'liNE '':>.//'120."'576 DOlSOO CTS ;:!~~:lnh '''.~.' ~- .'If!" , ~.:'~~ollier County Boerd of Comod.eionere .. .f:JP" If'''..! ~:~'J" ~.,. · "1" ~ Karah ~5 1999 , DoLLARS $ ....20.376.00.. !lfpt I .. ~unJ -"" '~"'''... v'M.. .. J ~.}t~q~" I~Q.t ~ IOfHt'al: 00 &6 SOf; 'I'..' .. . .' ,.". "'~' "\~.'tm'!~~L.. . .~.."" ':,..PlIJ." "'''".~~''-''.'''~''''''-''7''.'''''~'__~''', . ~.'.':"~"""""".~~~-;~:"'n.~......<;.~"i~".'.~"':::~~""f'~/."..' ..':;;,:-,...,'1<, . ;'. .;t;,~.f;';' ....::EL .. :1";';""",_..~;;;" > ,.~-""""",",." .......:'^".,"",' .."""<' .:'~:.,'<"'<;'\ho-';';~~,,.'J~,tc'~:;':;"S~~:.. :,..:;~..~"iJ~:"!~..;'~, .- _..._._------~---- AO:';;W..ifRA TJVE OFFICE "158l0Rrt~~NE .'''1:NUE NAPLES, Fl34104 (941) 643-5053 f FAX (941) ~,~~ AGENDA ITEM N ~t-Y.@/ -513~R 2 7 1999 Pg....2_ r-~~.';l'''..."...~'''''~ ~ CONTRACTOR'S CERTIFIED LIST OF INSTALLED MATERIALS & COSTS SYSTEM NAME: Cypress Woods Single Family (Jasmine Lake) - Phase 1 DATE: March 23, 1999 Roadway Construction Item Description Size Quantity Unit Unit Price Total Price 1 3/4" Asphalt 4,016 SY $1.625 $6,526.00 2 6" Limerock 4,016 SY $4.75 $19,076.00 3 12" Stabilized Subgrade 4,536 SY $1.90 $8,618.40 4 2' Valley Gutter 2,115 LF $5.00 $10,575.00 5 5' Sidewalk 1,592 LF $7.50 $11,940.00 6 3/4" Asphalt (Final Lift) 4,016 SY $1.63 $6,526.00 TOT AL ROADWAY CONSTRUCTION $63,261.40 I DO HEREBY CERTIFY THE ABOVE DESCRIBED LIST OF MATERIALS, QUANTITIES OF MA TERIALS, KINDS OF MATERIALS, INCLUDING INSTALLATION AND ALL COSTS AS INSTALLED, TO BE COMPLETE, TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AS PER FINAL PAY ESTIMATE AND/OR ALL INVOICES OR STATEMENTS OF (BY OR FROM) THIS CERTIFYING CONTRACTOR AND AS PER THE PROJECT AND/OR DESIGN ENGINEERS CERTIFIED RECORD DRAWINGS OF THIS SYSTEM AS DESCRIBED BY NAME SHOWN, AS OF THIS DATE. Personally Known, Sworn To & Subscribed Before Me This 'j;;;;;:~mar{.h .1999 (Notary Public ~ure & Se, Certifying: --~,~ K~ Naples Road Building Corporation - \\\\\""""""1. ~\.,,\\ ~ \'\ERNAM ~III~ * l"'\"~.o.o... ~~~ ~ ~v .. "510.0 '"jIl ~ -J o.~~~" N~o ~ ~ ..<JG 111 \8, 2o.,,~.o. ~ S ...~~ ~~.. ~ :: .~ v'. ... :*: ..... :*: . . . ~ ~~.. ICC752149 :~i -::. ..-\'It.. .4._ .~~. ..~~ ~ "P. .;t.,,~Q\\' .~.~ ~ ')- '0 '.ubll(; 00.... -,~ ;''l. "tlb. 0 · ... 0:';' ()~ ~ ~"l.d{fC Su,\'- ~,~ , J"""lllt"\\\'~ "'';4'-".',].;;''''.~ AGENDA ITEM No.......d02L APR 2 7 1999 pg._..J_ ,,--.. EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MADISON ESTATES", AND APPROVAL OF THE PERFORMANCE SECURITY OBJ"ECTIVE : To approve for recording the final plat of "Madison Estates", a subdivision of lands located in Section 24, Township 48 South, Range 26 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Madison Estates" . These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to record the plat prior to construction of the improvements. The security in the amount of 110% of the total cost of the required improvements is being covered by construction and maintenance agreement and an r---rrevocable Letter of Credit. This would be in conformance with the .ounty Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Madison Estates" be approved for recording. FISCAL IMPACT: The fiscal impact to The project cost $25,000.00 for lake the developer. the County is as follows. is $152,482.30 (includes excavation) to be borne by The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading Excavation Security - $33,810.00 - $93,672.30 - $25,000.00 c) The Security amount, equal to 110% of the project cost, is $165,230.53 The County will realize revenues as follows: ~. Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this proj Total: $2713.75 c t : AGENOA ITEM No.~~ A~R 2 7 1999 ion) pg.-L'_ Fees are based on a $127,482.30 (does not and were paid in March, construction include lake 1999. estimat excava Executive Summary Madison Estates Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac) -$ 445.12 b) Construction Drawing Review Fee Water & Sewer (.50% const. est.) -$ 169.05 Drainage, Paving, Grading (.425% const. est.)-$ 398.11 c) Construction Inspection Fee Water & Sewer (1.5% const. est.) - $ 507.15 Drainage, Paving, Grading (1.275% const. est.) - $1194.32 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMEND~TION: That the Board of County Commissioners approve the Final Plat of "Madison Estates" with the following stipulations: 1. Accept the Irrevocable Letter of Credit as security to guarantee completion of the subdivision improvements. 2. Authorize the recording of the Final Plat of "Madison Estates II . 3. Authorize the Chairman to execute the attached construction and maintenance agreement. 4. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. 5. That the retaining wall as shown on the construction plans obtain a separate wall permit, as it is not part of the required subdivision improvements. A"GOOAii'EM No._/b0U APR 2 7 1999 pg....~ -~."._::.iI"J!:o,-.j .' 'J,;1'-i'~~-=:"~____.____ Executive Summary Madison Estates Page 3 PREPARED BY: -je r~ \ r~\0\S-:t}, \~, John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: ~1~) 2 iLl Thomas E. Kuck, P.E. Engineer'ng Review Manager "tJ- Robert Mulhere, AICP ~ Planning Services Department Director / APPROVEDZ~ t/' k Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION A' ' ' l-r-o /:.\ I S- , t Date .1-/5--91 Date DJ: ~qJ tf7/~ D te ~",..,,:.."':;.,..,..~"~ AGENDA ITEM No.,..d11Jfl APR 2 7 1999 Pg._.~ 3.___ ,-,,>~~~..'~N<;>'"''''''''::'' ;',~""-'~;P'll......"7A~".t.I:"o ,. \- ,"':'.. <\;... ~. '. l ~ _ ~ ".l~--:; ....,,:..;~ ;;:t=-r_-,~ ;-'* ';""'~",,!-P":"""":,~-~-""'; ';.' ~:""-.:''''''''l.- --;-!:"~~~'"7lV'~~":"-';;-:'~-.~:"'F~~ ~:.'":'r-.' --T - "'.!'7~'?~1f'~..~~ . ~, . '~" ~ ~- :.,~~.,.. ..."P',. '. > '... . -.4 r....-.....j.i~~.;;':~........ ".:..-:~-:.-.." ~'" 0" ~.. "':~F-~ .._." C".",,, . '....."..... 'f_~J;,'lI\:_t ..~~~ . . ," !~! . .. . f." C ";~i~7",;/.::t,,-y /;"::';."','" : '." . '7)"'~t;"i;~ ' ~~ II'""' ......;,:. U!IIloI.. J_.,. ., -~~~"" J ~ISON ESTATES fION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER . ~ ~I ~.!lO..Jl!J ----~rJ , I I \ \ 13 \\ ~<:-~ ---- ~ --- PROJFLT q,. LOCAI10N~ 24 '\ \\ 12 101 ,,", I' GREEN TREE CENTER 'MUOUGHBY ACRES ~t:::-jEL- - ~ DKJ c' IIOIIlUHD .!!!J <c -.. ~~ ~ '.'=3lF~f~ ~[:::J . 15I1_~~'--.-'2.,_.~':~~_,'.r~~ ~- -- ; l \: CARLTON L4KES 25 .':~fft~1t .-.-- .'.-- SOUTHAMPTON 26 % o ~ z ~ 24 ~ L-..,.....~--- ..,,""'~..~ ^. ~ ....c..- ..' "-_",_",,~,-,,,"""'.,"""'. ."...... . .....__..........-"'.......,.... Q pg,-.-Lf- :..,:~~~~;:~~"';' - CONSTRUCTION AND MAINTENANCE AGREEMENTOF SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this day of , 1999 between Madison Development Corporation, the property owner, hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board". RECITALS I. 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: Madison Estates 2. Division 3.2 of the Collier County Unified 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: I. Developer will cause to be constructed: potable water system, sanitary sewer system, drainage, grading, paving and miscellaneous infrastructure as outlined in Engineer's Cost Estimate (attached hereto as Exhibit "A" and by reference made a part hereof) within 36 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. AGENOA ITEM No.....Lk"~ APR 2 7 lSS9 pg._~- ~~" ..-.,~~.--=-~,.~-,..-----.. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "B" and by reference made a part hereof) in the amount of $165,230.53 which amount represents 1 0% of the total contract cost to complete construction plus 100% of the estimate cost to complete the required improvements plus the lake excavation performance security 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, after written notice to Developer, 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 his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Dircctor. After the one year ~-. maintcnance period by the Developcr has tenninatcd, the Developer shall petition the Deve19.llIJJ,yllL_~ AGENDA ITEM No.-Le'WJ& 2 APR 2 7 1999 pg._._6..__ 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 Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 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 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 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 B 3 pg._2_~ ~...;tl"'.....~",.._~~I~ sustain on account of the failure of the Developer to carry out 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 respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this _ day of , 1999. Signed, Sealed and Delivered in the presence of: MADISON DEVELOPMENT CO a Florida Corpo tio ~~~a -:lqJ \Vitriess .IJ/ /JKtJ:j /-f _ Jl. Po II Printed Name ~/.A~ Witness -~o '3e?~ Printed Name ATTEST: D\VIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:___ Pamela Mac'Kie, Chairwoman 1JllO A~UffiCienCY: ,..Jij1-- David Weigel Collier County Attorney 4 ".-_~o::I;'___'~"""_""",, AGENDA ITEM No.__../r.?M1;t APR 2 7 1999 pg.___L___ Ci ,'jLfonns\c&l11-agrc EXHIBIT" A" ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST 1. Potable Water System $ 17,502.00 11. Sanitary Sewer System $ 16,308.00 III. Drainage $ 38,037.00 N. Paving, Concrete, Miscellaneous $ 55,635.30 Total Construction Cost $127,482.30 110% of Total Construction Cost $140,230.53 Excavation Performance Security $25,000.00 Total Performance Security $165,230.53 F:\data\98115\C&MAGREO.DOC - AGENDA ITEM No. ~WJ;). APR 2 7 1999 pg._2__ 5 Irrevocable Letter of Credit No. 99040501 April 5. 1999 Collier County Board of Commissioners c/o Office of the County Attorney 3301 East Tamiami Trail Naples, FL. 34112 Gentlemen, We hereby open our Irrevocable Letter of Credit No. 99040501, in your favor, in the amount of One Hundred Sixty Five Thousand Two Hundred Thirty & 53/100. Dollars ($165,230.53), available by your drafts, drawn on us, for the account of Madison Development Corporation 4100 Corporate Square Boulevard Suite 118 Naples, FL. 34104. Drafts Drawn hereunder must be marked "Drawn Under Community Bank of Naples, N.A. Irrevocable Letter of Credit No. 99040501" and must be accompanied by the following document(s). A statement, purpOliedly signed by the County Administrator, that "Madison Development Corporation has failed to construct, and/or maintain, the improvements associated with that certain plat of a subdivision known as Madison Estates, or a final inspection, satisfactory to Collier County, has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to, and fOlmally accepted by, the Beneficiary". This Lctter of Credit sets forth, in full, all terms and conditions of the credit. We hcreby cngage with you that all drafts drawn under, and in compliance with the telms of this Letter of Crcdit will be duly honored by us when presented to our offices located at 5150 Tamiami Trail North Suite 100, Naples FL. 34103. ,- ( continued) (941) 649-1500 (941) 649-1411 FAX 5\50 Tamiami Trail N. . PO. Box 413009 . Naples, Florida 34101- 3009 \\'\\'\V. communitybankofnaples,com AGENDA ITEM No. /~~.:2. APR 2 7 1999 pg.-L.?2.._ .~t:_."''''-''''''~''''.:'''-_~_ Page two: Community Bank of Naples, N.A. Irrevocable Letter of Credit No. 99040501 This Letter of Credit will be valid until April 5, 2000, and shall thereafter be automatically renewed for successive one year periods on the anniversary date of its issue, unless sixty (60) days prior to any such anniversary date, we notify you, in writing, by registered mail, that we elect not to renew this Letter of Credit. This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) of the International Chamber of Conunerce Publication #500 and all amendments thereto. 7 a>{/c&-- I E. Ann Padron, Vice President Donald J. York Executive Vice President & Senior Lending Officer AGENDA ITEM No.---L'6~~ APR 2 '7 1999 Pg. // Corporate Inquiry Menu Page 1 of 1 i Florida DiVision~f rcolp;rate Inq'ui'~ Menu:-- I Corporations IPlease select an inquiry type from the list below, then enter a L.. Public~ccess ~~arch k~Y in the s,.:arch field. Press SEA_RCH to~egin the search. __ rTnqliiiy by: :lf47l2799 CORPOAATE DETAIL RECORD SCREEN ! C !INUM: P98000024985 ST:FL ACTIVE/FL PROFIT FLD: 03/16/19 . 'Corporation I Trademark Name NAME : MADISON DEVELOPMENT CORPORATION o Officer I Registered Agent Name I PRINCIPAL: 5207 DAVIS BOULEVARD ~DRESS NAPLES, FL 34104 C Registered Agent Name liRA NAME : GORMAN, JAMES H o IRA ADDR 5207 DA VI S BOULEVARD . Trademark Owner Name I NAPLES, FL 34104 I C FEI Number !ANN REP * NONE FILED * i I I C Document Number Ii i 0 Trademark Name ' :Search String: I II ~.. .11 . I 1IiIii_ t:i.9mePag~ i l()ffJ_cers II ----- THIS IS :il)oc_ument:.~.Ulage ~L _ NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTIO - / AGENOA ITEM No. _.. / ~ W)2 APR 2 7 1999 http:/.../corpweb. exe?radCorSearch=CORlCHR&Menu=COR& txtScarchString=P98000CP~~.~:::!::::~:~~,~./~ Corporate Inquiry Menu Page 1 of 1 r Florida Oiv:sion ofllCorporate Inquiry Menu:- ,.. I Corporations IPlc<1se select an inquiry type from the list below, then enter a ! Public Access . Isearch key in the search field. Press SEARCH to begin the search. ~w~by: ::1~4/12/99 OFFICER7blRECTOR DETAIL SCREEN I. 0.. II CORP NUMBER: P98000024985 CORP NAME: MADISON DEVELOPMENT co , Corporation I Trademark Name TITLE: D NAME: GORMAN, JAMES H : C Officer I Registered Agent Name I 717 GALLEON DRIVE .0 :1 NAPLES, FL 34102 Registered Agent Name !i o Trademark Owner Name C FEI Number o Document Number C Trademark Name H()mePage i I I [I Ii Ii II I I ----- THIS IS !Document Image I I NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTIO :Search String: II I I '~-AGOOAiITM -l No.~&J APR 2 7 1999J pg.,U_ . . .I co rpwcb. ex e ?rad CorS carch=CO RI CHR3 &M cnu=CO R& txtScarchS tring=3 & Cori chrD ~ tac"'P9 4/ 12,199=-~ FILE No. 543'04/12 '99 10:45 i\D:COASTAL ~~;;;I~~ ,,"V"UI1L'I'lll VI::. ~ c; _-:- _ _ _ ... ~ ... ., .... v 941 643 1143 '" Id~Jl;';~HI t/l~; I~ ;I; iol::J 7~:! ,;r.Jt1 Ji:c;.1 t>(UELUi'tll!HT M ldison PevclupJ1\c::nt Corpondio'P 520711Mvll nu,"~lItd N1W'CS. l;lurida 34104 7til1 PAItI ,. ...... Ca. .. ;;f..., PIIDMI ". , FYI March 1,0, 1991' 'orDonth' R~.It)I"IIQJ! Jo.... It. G.''''.. h ",.-.bY do<l<d ..I',..ld..., or M.dI... novd.pm..' co",...d.. alld 1. oalb..lud 10 al&" r., o.d bi.d tbe c.'punlio. 10 .....r.....ol 1m" \loV6lnHuc:nf", In"lleUi. I~ e lrllt, I e. H e f d l'i "1'\ 4 - 022tb -~.-i' .04(12 '09 09:/14 I4l 0011001 PAGE 2 f'.il AGENOAITEM No~;~{ilP;' APR 2 7 1999 pg._d- ..............--~._.........--:.. ,,\.' ,,--. EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "WALGREENS - DAVIS / AIRPORT COMMERCIAL" OBJECTIVE: To approve for recording the final plat of Walgreens Airport Commercial, a subdivision of lands located in Township 50 South, Range 25 East, Collier County, Florida. Davis Section / 1, CONSIDERATION: Engineering Review Section has completed the review of the final plat of "Walgreens - Davis / Airport Commercial". This document is in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no required subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat of r-"walgreens - Davis / Airport Commercial" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney1s Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the "Walgreens - Davis / Airport Commercial" with /-- stipulations: Final Plat of the .l-'-' ~ 1. Authorize the recording of the Final Plat of Davis / Airport Commercial." ,-, ~..i...b @) :! "Wale reA~~ 2":' 1~~! Pi. / Executive Summary Walgreens - Davis / Airport Commercial Page 2 PRr. B;~C.<-~~j, ~lk John R. HouJ,;dsworth: Engineering Review .. , S'e;ior Engineer REVIEWED BY: r ~' ",:,-.t~,,.I"'..~* ~ ......, .,..- . ' r~';'- Thomas E. Kuclt, P. E. Engineering Review Manager . '-' ~' ----- / \' L... ~._.__.___,.__._-._---_.- ,. ~- . ....- Robert Mulhere, AICP Planning Services Department Director APPROVED BY, ~ .~. ~~~d" Vincent A. Cauter, CP, A mlnlstrator, Community Dev. and Environmental Svcs. "'- it._.,1P~ 39 Date , '. ar.1 Jt Af.ft ;J_ Date ! ~ i !{ D'ate I ~ - '1 ') , / ;:'Y"11 Date AGENDA ITEM No. /603 APR 27 1999 Pg._,.g- / . '.." f . '. ' . . .' ".':'.' 1 ....~... .' . ~~ .' ," 28e ,., "",.-' caJJEN CArr PARK'1YAY -' . . 25 .' !JJ. '." . " GULF -/ . . . ' '36 3! 32 . .. ~.. P.ADfO ROAD . 6 SITE 5 ::? ~ -..;;:.. : 9 8 ~ I...., ~ ~ ~ ~ ~ ~ < ~ I ,OF MEXICO 7 ~ ~ ~ ~ . 18 17 , . , . 1lfaI.JSiJI ..'~~." yO," .", . "',' -... : ".. '. . ',' '."., ' . 1 20" , . iOGA TIO/(MAP>:.l!fl . N. T.S. >, ,"'. :..'~ " ~':-.~" '. ~'-. 19 ;: , '2-/' '. " 20 -. . ".'" , < .~ . ~- r" ':"', .. - .... ." .'. " \". ... .". ; .. . ~ . . . ., . . APR Z 7: '1999 . ' ., .,' .,: .. ".. ..,. ~.. -... .. . .. - .- - ......'.... : .':'.: ...'i<':' :;:~>~ L~,;:: ';:11~:k\~;.;;:.:)i::,t:;:~'t~;.,E:~1R' ,~.::~~~ ~;N:f~:~~.,:f~~,~;#;=~~. .'. : . : ,_ :.".., ~ _ ," ',. ",," ..', ..,:'CNG"J.'L.'l':'R1liIG", it:: IIICU((,~....~"../"" '.-: , ' . _'.. , . -. .". . . ' ;-':- ..:.'~.,..:.-. _ ...-..,--.;...~~:,~.-.- .... ......f...~~: L;~ IJ"L.~ I" .:~- C.:r/c;..".~~.~....:.-,,";.::.,., ~'-' . ~ '. 0".,.. '.. .. .' . . .- .~ EXECUTIVE SUMMARY REQUEST SHOPPING SECURITY TO APPROVE FOR RECORDING THE FINAL PLAT CENTER FIRST ADDITION", AND APPROVAL OF OF THE "RIVERCHASE PERFORMANCE OBJ~CTIVE: To approve for recording the final plat of "Riverchase Shopping Center First Addition", a subdivision of lands located in Section 21, Township 48 South, Range 25 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Riverchase Shopping Center First Addition". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to record the plat prior to construction of the improvements. The securi ty in the amount of 110% of the total cost of the required improvements is being covered by construction and maintenance ,..-.--agreement and an Irrevocable Letter of Credit. This would be in :onformance with the County Land Development Code - Division 3.2.9. Engineering "Riverchase recording. Review Section Shopping Center recommends that the First Addition" be final plat approved of for FISCAL IMPACT: The fiscal impact to the County is as follows. The proj ect cost is $153,977.46 (estimated) .to be borne by the developer. The Security amount, equal to 110% of the project cost, is $169,375.21 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $863.00 Fees were based on an amendment to the approved site development plan and were paid in February, 1999. ,..-.-- AGENDA ITF..M No.~ APR 2 7 1999 Pg.- / - Executive Summary Riverchase Shopping Center First Addition Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac) - $438.00 b) Site Development Plan Amendment - $425.00 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Riverchase Shopping Center First Addition" with the following stipulations: 1. Accept the Irrevacable Letter of Credit as security to guarantee completion of the subdivision improvements. 2. Authorize the recording of the Final Plat of 11Ri verchase Shopping Center First Addition". -- 3. Authorize the Chairman to execute the attached construction and maintenance agreement. 4. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: .. \. \_ .n ,~~, ..\.-' \ -.~,ckS,\",-,'t\..... John R. Houldsworth, Senior Engineer Engineering Review 4 . i ? -qq Date REVIEWED BY: ~(J "iLl. Thomas E. Kuck, P.E. Engineering Review Manager ,4-/;$- 17 Date ~ R~ertMulhere, AICP Planning Services Department Director {-Ii /rj Date ~ APPRC;;;/~. ~ Vincent A. Cautero, A':r-CPr Administrator Community Development & Environmental Services t;f~~ ~a~e ~ AGENOA ITEM No. /b():JJ'i APR 2 7 1999 Community Dev. and Environmental Svcs. 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FROM Panasonlc FAX SYSTEM PHONE NO. 9415662203 Mar. 31 1999 03:24PM P2 ,-. -- CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS TInS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this day of y 1999 between COLLIER DEVELOPMENT CORP., a Florida corporatio~ hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County. Flori~ 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: RIVERCHASE SHOPPING CENTER FIRST ADDmON. B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvementCJ 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 fOT'Caoina premises and mutual covenantCJ hereinafter set fo~ Developer and the Board do hereby covenant and agreel as follows: 1. Developer will cause to be constructed: sanitary sewer collection system, roadway and drainage system within 36 months from the date of approval of said subdivision plat, said improvements hereinaft~r referred to as the required improvements. 2. Developer herewith tenders its subdivision perfOrmaI.lce security (attached hereto as Exhibit · A- and by reference made a part hCDeof) in the amount of S .~;:t.UJ.... u., which amount rel-lfeSents 10% of the total contract cost to complete c: .nstruction plus 1000.4 of the entirel cost to cOr1'\plete 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 cOUlple?on of the required . I unprovements. 4. i The required improvements shall not be considered complete nntil a statement of substantial completion by Devclopet's engineer al(~ng '}/ith final project records have been furnished to be reviewed an~ approved by_..!h~.. DevelOpnV\llt Services Director tOl' cv.mpllance with th~ Collier u.n~L"i\1M~ /f Development Code. : No._a APR 2 7 1999 pg.J- .",...-....... 5. The Development Services Director shall, within sixty 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 his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the 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 remaining 10% of the subdivision performance security. The Developers 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 complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its 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 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 constmctio . e A ITE total cost to the Board thereof, including, but not limited to, c ineClling. / ~ b.., I APR 2 7 1999 pg.~- r;".'~'~';:"~~'-o>>'~~ 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 repi'csentatives this day of . 1999. SIGNED, SEALED AND DELIVERED IN THE PRESENCE O~ tf\~ t dYo.qJ \ '^~ L.. ~~q OJ~~ \ \Nef\~ :r-she(~ Printed N e: COLLIER DEVELOPMENT CORP. By: -~~ Jeffrey M. . , ice President A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Pamela S. Mac'Kie, Chairwoman Approved as to form and legal sufficiency: ~W Ai, II '--' ~ D~vid C. WeIgel County Attorney Ol-387j9.doc: .- AGENDA ITEM No. /~V/J'I APR 2 7 1999 Plik 6 ,,_ >-.......~_......~ NationsBank - Xt i 17 It .--\ , - ~ ? -.:-... . .' .-- ~ ~ - . .... . . .~~ ~ =,~ :"::=- ='.~~~::: ~ :-:. l~. ~~ , ~-~ >J C~: :;:"7 ~~: 7 4! 2 ;-~~'''~=-::~i)IV::::;'::' >.0; J:' A~ENDMENT ~ATE: 05APR89 BENEFICIARY: :EE BOA~~ OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 2800 NORTH HORSESHOE DRIVE ~~A::?~~S:, ?:... ~)4104 ATTN: MR. JOHN HOULDSWORTH APPLICANT: COLLIER DEVELOPMENT CORPORATION 3003 TAMIAMI TRAIL NORTH, SUITE 400 NAPLES, FL 34103 WE ~ER~3Y AMEND THE ABOVE nEFER2NCED STA~~3Y LE7TZR OF CREDIT AS FOLLOWS: A??L:CAN:~S SAME ~JOW ~O ~EAD AS: C~OLL= ER DEVELOP~~~'J~ CO::\?ORA7: ON :2. :i~ r.7i-:~ . =AJC~~ME~1TS ~EQCI~ED" ?AAAG?~P!-!, 'T}{E NAME ":~:\C)2,2,:IC)INTE ~)E\JE~[JP~2~~~" : S DELETE:'; AND : S ~E?:ACED W~ ':H ,. CO~LI ER JEV2LO?MENT '~~C;:~::"C~RA:=C;0:" .. ..;=-,2\, =~<~E~ 1'=~C)(:.~'~E~<f.:'S :~2Qu::tE:;" ~'P~::AGR~?!:, ~Er.: :::~]B:.~:\J=~~ION ~ ~~' 4~~~::::~~~':'("~=- ,'~1~I~H ;\::'~J~~:~~~~:~:A?:.:. ~l";(~:.?P=NG ~'~:E;';~E:~ ?:RS11 .;~:)~~::.),:~" ::N ,~ ~.~=\/~~~S=D~ ':~'--'~:-1C)~~S" ~ AL:" O'':::'ER TERMS UNCHANGED.'::-H:S IS THE OPERATIVE :::NSTRUME~T 'dHICH ?ORMS AN INTEGRAL PART OF :"ETTER OF CREDIT NO. 873742 AND SHOULD BE ATTACHED THERETO. FOR ASS:STANCE PLEASE C.~L:" CCS'I'OMER SERVICE AT 2::4-209-0685 ~~~I~~ NATIONSBANK, N.A. AGENOA ITEM No.-Lk'0:.W APR 2 7 1999-L Pg. f7 ----:;:-0-';-~:;;;-."'"'...~>;:"2-"~~"- ~?~~~VC)(1.';:3~-J~ ~;T..L\NDBY ~-"=T~E~ :~'? C":tl~~f!Sr~. 97~''7 .~~.. ?L~(;E NationsBank NA TIONSBANK. N.A. IRREVOCABLE STANDBY LETTER OF CREDIT NO. 973742 ISSUER: NATIONSBANK, NA ~EREINAFTER "ISSUER") 901 MAIN STREET, 9T FLOOR DALLAS,TEXAS 75202 DATE: MARCH 22.1999 PL.lCE OF EXPIRY: AT ISSUER'S COUNTERS. DATE OF EXPIRY THIS CREDIT SHALL BE VALID UNTIL MARCH 11, 2000. AND SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE-YEAR PERIODS ON THE ANNIVERSARY OF ITS ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE, THE ISSUER NOTiFIES THE BENEFICIARY IN WRITING BY REGISTERED MAIL OR OVERNIGHT COURIER SERVICE THAT THE ISSUER ELECTS NOT TO SO RENEW THIS CREDIT. APPLICANT: COLLIER DEVELOPMENT CORPORATION (HEREINAFTER "APPLICANT") FOR THE ACCOUNT OF CROSSPOINTE DEVELOPMENT, INC. 3003 TAMIAMI TRAIL NORTH. SUITE 400 NAPLES, FL 34103 BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA (HEREINAFTER "BENEFICIARY") 2800 NORTH HORSESHOE DRIVE NAPLES. FL 34104 ATTN: MR. JOHN HOULDSWORTH AMOUNT $169,375.21 (U.S,) UP TO AN AGGREGATE THEREOF. CREDIT AVAILABLE WITH: NATIONSBANK, N.A. BY: PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER. CERTIFYING THAT: "CROSSPOINTE DEVELOPMENT, INC. HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE IMPROVEMENTS ASSOCIATED WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS RIVERSIDE COMMONS OR A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, AND SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY THE BENEFICIARY" . DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "DRAWN UNDER ~TIONSBANK CREDIT NO. 973742 DATED MARCH 22.1999." THE ORIGINAL LETTER OF CREDIT AND A.MENDMENTS. IF ANY, MUST BE PRESENTED FOR PROPER ENDORSEMENT. 1'EM AGENOAI No. / /(1.J'i . t.F'f>.. 2 7 1999 g Pg.--,.- NationsBank PAGE 2 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER 973742 THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT. ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY ISSUER IF PRESENTED WITHIN THE VALIDITY OF THIS CREDIT. THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICES FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. FOR ASSISTANCE PLEASE CALL CUSTOMER SERVICE AT 214-508-0685. NATIONSBANK. N.A. ~/---- 7~ BEN C RTE~ ASSISTANT VICE PRESIDENT AGENDA ITEM NO.J/ fJ~ APR 2 7 1999 Pg. 9' ,r--- EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF WHISPERING WOODS AND APPROVAL THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of Whispering Woods. CONSIDERATIONS: The Board of County Commissioners on February 9, 1999 approved the final plat of Whispering Woods with the stipulation that the plat not be recorded until security was provided to ensure completion of the required subdivision improvements. FISCAL IMPACT: The fiscal impact to the County is listed below. The ~ project cost is $5,840.00, to be borne by the developer. The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $584.00. The developer has provided a Cash Bond as the required security. The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $549.28 Fees are based on a construction estimate of $5,840.00 and were paid in December, 1998 and are reflected in the Executive Summary of February 9, 1999. ,,-.... AGOOAITEM No. /~(~s: APR 2 7 1999 Pi.__L_ ,.....~;,~~~.,.__"'....~J>. Executive Summary Whispering Woods Page 2 GROWTH MANAGEMENT IMPACT: None RECQMMENDATION: That the Board of County Commissioners approve the final plat of "Whispering Woods", with the following stipulations: 1) Accept the Cash Bond as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "Whispering Woods" . 3) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 4) That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PRfPARED BY: J'~\~~ \-l\ ds~\ .,--\L, John R. Houlasworth, Senior Engineer Engineering Review ~ ,\ L: ~ C1 C'l Date REVIEWED BY: rr: , ... Thomas E. Krlck, P. E . Engineering Review Manager I ' /2:} ""11-1, .;..-.7 Date '....---'--- 1...-_....:. Robert Mulhere, AICP Planning Services Department Director Date APPR,OVED A3Y , p. ~-- d, ~ Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services _0-1/1' , Date Community Dev. and Environmental Svcs. DIVISION JRH:ew AGENDA ITEM No.,Lt~l~ APR 2 7 1999 pg._.4.___ '""~~.",~"'-"~',",,,'--""'''~' .:...... .-,::'";..c'.'-':""-_",- ~ .......,;. ~_ ~ -";';-:"- ":"':"':"':-::"':-l;~~'.:;':..o: :.:':':~~'_~:-::~~::~~~~~=-=.':::-__'::::::"'-----=----""~':- ...--:.,~'.,_:'"~-: ~7- '7 -'.-;-. ~",--~.,.", SHEET . ' .... "- 1 OF ": -... 1'-'-' .- ,- , '..!. , .-', ,.:....! ; ,~ ...... -' ," "9,! . .' - " . ,. ... .' ,.. -..: VICINITY MAP,. ,', NOT TO SCALE I )/ I ...LW)(Xl LA d '-- I Ii. ., ,.. 1>0' ...~ hll< ...~ S. Y. QOlD ~ -- ~ '" In>< ...~ s... " ]01)< ... 'o()C.J( s... ~Jt9ll..T_ ~ [:rT!lCSO<' .' r ". . . .r-__~ n-c A~ IC.": . .....-. ~'. : 3~ A~ 1C.1l :lP:> ... 'oO<<X .. 'I. .' ~... ,~ - . ,'.-"' ~ ." ",St A-": It... "", . ". SpBJECT. ROPERTY :~ ~\ '. ....;.,(.~:: ;~:. ::.--~ >.- ""'~J''':'''".'~'';. i........ \ST A-..f: s... :t<' A'oO<<: I. 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'"-..'-.1 ~--"\.-_...._~... ...c:-.....r~.......~";;.I-.':"'...,.~~--'..,,....,.-~~~ _~~-.- :;:~~<i"-:"'---------:::":""'-:.:'---;:'-;"-"~~""'"'';;,;'" ._,____""":"____-..-_._.,."....-'_"-~...y~,.~.,..:., __~.t--- -~,.... - _-.-.-...._~...4.;...,..'._..,,~. ...' ~".....".,.....,.'-.....~ ~.~.....- ..,.......-.?-.- _~~."..., "';''''''"':0 ...,;..~::-~.:..,." ". -------.-'~ COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIV1SION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMEt<jTS PRIOR TO RECORDING OF PLAT AGREEMENT entered into this ~ day of ~ 19"1, between Peggy Bradley, Cynthia A. Rodriguez and Angel Rene Rodriguez, hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Flonda, hereinafter referred to as the "Board." RECITALS: 1, 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: WHISI:ERING WOODS . 2, Division 3.2 of the Collier County Land Development Code allows the Developer to construct the improvements requried by said subdivision regulations prior to recording the final plat. NOW THEREFORE, in consideration of the foregoing premises and mutual covanents hereinafter set forth, Developer and the Board do hereby convenant and agree as follows: 1. Developer will cause to be constructed: a 14 foot wide Iimerock surface access drive and retention swale within 12 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2, Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve the plat for recording until said improvements have been completed. 3. Upon completion of said improvements, the Developer shall tender its subdivision performance security in the amount of $ 584.00, which represents ten percent of the total contract cost to complete construction. Upon receipt of said subdivision performance security by the Development Services Director, the developer may request the Board of County Commissione~ to approve the subdivision plat for recording and grant preliminary approval of said plat 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 fumished 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 subs1antial completion, either. a) notify the Developer in writing of his preliminal)' 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 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 preliminal)' 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 assignee shall inspect the improvements and, if found to be still in compliance with the Collier County Land development Code as reflet1tXl by final approval by the B08!\j, the Board shall release the ten percent sutdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. 7. 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 SE'i:Urity to .".~ure satisfactory completion, repair and maintenance of the required improvements. "he Boald shall have the right to construct and maintain, or cause to be constructed anu maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as prinr:ipal under the subdivision performance secu,it~. shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cos1 to the Board thereof, Induding, but not !!mited to, engIneertng, legal and CQntlngent cosls, together with any damages, either direct or Ulnsequential, which the Goard may ,~,:;stain on account of the failure of the Developer to fulfill all the provisions of this agreement. AGENDA ITF..M No.-&02)~ APR 2 7 1999 .....~c,___.<":... Pg L/.. ._--,...,.~....-~- -, . 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'.,-' -;..- ~".....:":---:~--'"-..: ~- ..;-,~ .~--:,"".~ --;~.... ~.....,..,;-__..~...l~~~:--~::..--......,:.;-~~~...~=--' . . -" '~~--. :-~~:>:'::~::~~:~:~.-.,.~~~:_~:\ , . 63/62/1995 69:04 19417756465 PORTELLA-RCJl.JE ASSOC PAGE El3 APPENDIX A -STANDARD LEGAL DOCUMENTS a All of the terms, ronl/ensnts and rondltlons herein rontained are and shall be biding upon the Developer and the respective successors end assigns of the developer. IN WlTNESS W}1EREOF; the Boan! and lhe Developer have caused this Agreement to be ex&CUte<} b't tt1elr duly authorized represen1atlves this 9-;d; day of =:Z:C~ 199' f~dra~AA70o '& ~~u~ ('..cl\~~ . ~a ROdriguez ~ ~: I' i; ..i L/"" ATTEST: . :. DWIGHT E. B'tOCK. CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER U TY. FLORIDA - By:._ Pamela S. Mac'Kie ChaiIwanan ~ ~,~':.,g~;~~~ ~//r.~M(! ", 1i'~rJ1f~'~ t.(t,l-ct,urrty Attorney (Orn. No.92-73,02: Olll. No.9.c-58.03. 10-21-94: Olll. 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''-A-l'';'::~' ._T"~'..~_ - - - ~ ",'t- . ,..~..~ ' ...,,. . .._TS,,^,~~.': -..... > ~.~. ~ , ' ~7:\g~z:J;t:::3?~:B1~~El5[jr;E'::~1!~[SS~~1~I1~ - .";;-".:." ~ ~ ~~'-~ ,-' EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR 'i'HE FINAL PLAT OF "SIENNA AT SOUTHAMPTON" OBJECTIVE: To grant final acceptance of IISienna at Southampton II CONSIDERATION: 1. On November 151 19931 the Board of County Commissioners granted preliminary acceptance of the roadwaYI drainagel water and sewer improvements in IISienna at Southampton". 2. The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. ,--- 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadwaYI drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. GROWTH MANAGEMENT JMPACT: None ",-- - AGENOA ITEM No.-LI(A)I... APR 2 7 1999 pg._..l,- Executive Summary Sienna at Southampton Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Sienna at Southampton II and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: \ .' iJ'\ i ':'\ '\, J __~, ,.C\ -....,_ I........ ~~ John R. Houldsworth, Engineering Review -Jt~ l~ ~ /.. f' ,""").'"':. 'I - ~. T1 Date Senior Engineer REV~D BY, ./ _ UYlW 2. Thomas E. Kuck, P.E. Engineering Review Manager 1U J - /~ - 99 Date /./"'1 ~..--_.____. _____ ....__~.~ _"_n. ,_ _..."______ __.... / / '':J / .....,. ;" I ___..../ '-', .-< . . . Robert Mulhere AICP Planning Services Department Director Date APPROV~ C}. ~. i 7,/"" ate Vincent A. Cautero, AICP, Administrator Community Dev. and Environmental Svcs. jrh ,..-....... -AGENDA ITEM No.Jb ~).k APR 2 7 1999 PI.. :l~_ D H I:S II I&l .... -< - on a: l&l .... Z lr C.R. o go "."li'!,f!ir;~R:::,~:"b L_ L.AIlI 23 24 o _1M IAr<n _leAl. (C.R. N AI'\. ES - I /to( - fila llUD' .- .. 2r 2. '< loVUI .. .. .- i 2t .... T " ... ... ::> Cl- I 31 - " a: 34 0 a.. ex: :< 32 __11 .. 'IMT_ a ,,- ~I- 3 D 1 '1__ 5 , APR 2~ 1999 1 Pg.- ~~.~~ LOCATION MAP U4/27/1111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2Q 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 08:39 FAX 9416436968 COLLIER CO COMMVNITY DEV __ ------ --------------- -------- <eJ 001 I ,! I RESOLUTION NO. 99-_ RESOLUT;LON AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY. DRAINAGE, WATER AND SEWER IMPROVEMENTS IN SIENNA AT SOUTHAMPTON. RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAI:-;rTENANCE 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 October I, 1992, approved the plat of Sienna at Southampton for recording; and WHEREAS. the developer has constructed and maintained the roadw-ay, drainage, water and sew-e. improvements in accordance with the approved plans and specifications and llS required by the L.and Development Code (Collier County Ordinance No. 91-102, as aJnc:nded); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), :md WHEREAS, the: developer has now requested final acceptance of the roadw-ay. drainage. water and sew'er iInprovexnents and release of his maintenance security; and WlffiREAS, th~ Compliance Services Section of the Development Services Departnlent has inspected the roadway. drainage, water and scw-er improvexnents and is recommending acceptl.nce 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 road Nay. drainage, water and sewcr improvexnents in Sienna at Southampton. and llut a.orize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the tuture maintenance and other attendant costs for the roadway, drainagc, water and sewer ixnprovements that ar': not required to be maintained by the homeo'UVUcrs association. This Resoluti.)n adopted after motion, second and majority vote tavoring same. DATE: ATTEST: DWIGHT E. BROG<... CLERK. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE. CHAIRWOMAN Approved as to fornl and lcgu.l j;t=Z j A'VL~ Heidi F. Ashton : Assistant Collier CI)unty Attomey ---- --------- (La A-(P -_.--.~---~._-.....--- EXECUTIVE SUMMARY .~ TO APPROVE A BUDGET AMENDMENT TO HIRE A PLANNING POSITION IN THE COMPREHENSIVE PLANNING SECTION OF THE PLANNING SERVICES DEPARTMENT. OBJECTIVE: To approve a budget amendment to add a planning position to the Comprehensive Planning Section of the Planning Services Department. CONSIDERATIONS: On April 13, 1998 the Board of County Commissioners approved the addition of a Principal Planner position in the Comprehensive Planning Section to assist in the preparation of the Community Appearance Design Plan and to work with the newly appointed Select Committee on Community Character initiated by the Greater Naples Civic Association. The request also included approval for funding a consultant to assist with the Study. That effort will require a formal Request for Proposal which will be submitted to the Board for their review with a separate budget amendment. FISCAL IMPACT: The total, recurring, annual cost for the position (salary, benefits, and operating costs) is $52,700. For FY 98, a budget amendment in the Unincorporated Area General Fund (111) in the amount of $41,400 is needed to fund the increased expenditures, including a one-time purchase of a computer work station. /""""' The Community Development Fund (113) will cover 75 percent of the cost via a $31,000 increase in the budgeted interfund transfer, also requiring a budget amendment. The remaining 25 percent, or $10,400, will come from Unincorporated Area General Fund (111) Reserves. GROWTH MANAGEMENT IMPACT: This committee will assist in furthering the goals and objectives of the Comprehensive Plan with regard to urban design. RECOMMENDATION: That the Board of County Commissioners approved the budget amendments referred to above in order to provide funding for a new Principal Planner position. Prepared by ~~~~~~, ~a~~~~te: i I i't / ~ ? Comprehensive Planning Section Reviewed by: l'..f...,./}'Z.."'..""""'._-,,,....<....,.. Date: r /',. -7 / ;. '9 RoberfJ. Mulhere, AICP, Director Planni Services Depa ent Date: y~('1-- 17 Approved by. V e . Cautero, Administra or Community Development & Environmental Services Division N~~i-&A(;')M1 /""""' APR 2 7 1999 Pn I ,.--- EXECUTIVE SUMMARY APPROVE WORK ORDER #CDM-FT -99-5 FOR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (USEPA) ACCIDENTAL EMISSION RELEASE RISK MANAGEMENT PROGRAM - PHASE 2 AT COUNTY WATER AND WASTEWATER TREATMENT FACILITIES, PROJECT NO. 70027. OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve Work Order #CDM-FT -99-5 for the USEP A-mandated Accidental Emission Release Risk Management Program - Phase 2 at Collier County's Water and Wastewater Treatment Facilities. CONSIDERA TIONS: This work is required as mandated by the U.S. Environmental Protection Agency (USEP A) Accidental Emission Release Risk Management Program as per Title III of the Clean Water Act to reduce the risks of accidental releases of regulated substances from water and wastewater treatment facilities which contain more than the threshold quantities of the ~ regulated substances. Phase 1 which is hazard assessment and alternative analysis has been completed by Camp Dresser & McKee, Inc. as previously authorized by the Board on July 28, 1998 as Agenda Item l6(B)(5). The Phase 1 study identified four County water and wastewater facilities which have to develop risk management programs and then register the emergency response plans with the USEP A by June 1999. Thus, the County needs to proceed with Phase 2 in order to prepare and certify risk management programs for the four facilities identified. This work order is to conduct Phase 2 - Develop Accidental Release Prevention Program and Emergency Response Certification for County's Water and Wastewater Treatment Plants. Staff has negotiated a proposed scope of work and compensation as described in Work Order #CDM-FT-99-5 with Camp Dresser & McKee, Inc. FISCAL IMPACT: r~\l\, \ I, Both the Water and Wastewater Departments will share the costs of Phase 2 of the Risk Management Program. The cost of doing this work is $87,585. The Water Department's share is $56,880 and Wastewater Department's share is $30,705. ,~' ", v;~7tThj 6), ~--<l ApI" ~. ., 1a[lq 1\ l.. r . ,J ./ v g ,=.,~~ ,:;::;::.):.;::c-;~-;,::,;:=-;;:;::-~"J Executive Summary Accidental Release Prevention Program - Phase 2, Work Order #CDM-FT-99-5 Page 2 Funds for engmeenng serVIces m the amount of $56,880 are available from Water Capital Projects. No funds are currently budgeted by the Wastewater Department. A budget amendment is needed to transfer $30,705 from Fund 414 Reserves for Wastewater Capital Outlay to Combined Wastewater Capital Projects. Source of funds is water and sewer user fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water- Sewer District, approve Work Order #CDM-FT -99-5, authorize the PWED Director to execute the work order in the amount of $87,585.00, and approve the necessary budget amendment. PREPARED BY: ~. ~ DATE: f/11S5 Mohan V. Thampi, P.E., Project Manager Public Works Engineering Department REVIE\VED BY' , ~ /? - ;/, 1 ;:? y ./ j ...A/"-L.' DATE: L.I /;~ -i- 'I eff Bibby, P .E., Director Public Works Engineering Department /0,/ / /- REVIEWED BY: \ .-.k!/<'~~/L-- Paul Mattausch, Water Director PU~liC Works _I?iViSion;/.. /":. ./ REVIE\VED 9--Y': ') / L/ Ed, inn, Iny4fm Wastewater Director Public Works Division REVIEWED~ Ed Ilschner, Administrator Public Works Division DATE: 4//5/.,57 DATE: , / /k ~/ /) . / -,/ / / DATE: t/j /~/'t9 f ' - MVT:mvt t:~'-'Tt'(B)(0~'- .;{ CDM Cmnp Dresser & McKee Inc. consultmg 1342 Colonial Boulevard. Suite F44 engmeermg Fort Myers, Florida 33907 construction Tel: 941 275-8575 Fax: 941 275-8141 operations March 22, 1999 '89 f1AR 2Y Prl 3 19 Mr. Mohan Thampi Collier County Public Works Department . 3301 Tamiami Trail East, Building H Naples, Florida 34 I 12 Re: Collier County, Florida Accidental Release Prevention Program - Phase II Fixed Term Services Contract #98-2835 Scope of Services Dear Mr. Thampi: CDM is pleased to provide you with the scope of services for the Accidental Release Prevention Program - Phase II Risk Management Plan. We have incorporated all County review comments in the document. Table 3, which is included in the scope of services, provides the professional service fee summ<lf) of each water and wastewater treatment facility. If you ha\'e any questions or require additional infornlation, please do not hesitate to contact me. Very truly yours. CAMP DRESSER & McKEE INC. Cld/Z~ (~~ ~es L. I~e~ ~ . JLH/lw Attachment cc: Richard D. Moore, CDM Tom Walker, CDM 6295MB 263 3/22/99 r~~:.~~5'~~ilJ5fl) ( I AD;' ') 7 l"'QQJ . I t\ l... j",~ PG. ___.._~~______ I.~_~,-~...-".._.~-,.-.." "~MM." Accidental Release Prevention Program Scope of Services Phase II - Risk Management Plan Phase II of the projects includes all tasks to satisfy requirements of the Accidental Release Regulations, Program 3 requirements. Phase II of the project includes development of the Accidental Release Prevention Program and the Emergency Response Plan certification, preparation of the final plan report and certification. Task 1- Develop Prevention Program An Accidental Release Prevention Program will be developed for the treatment facilities listed on Table 1. Elements to be included in the prevention program include: . Safety Information . Hazard Review . Standard Operating Procedures . Training Program . !v1aintenance Procedures . Compliance Audit Schedule and Requirements . Accident Investigation Reporting and Documentation Procedures Standardized procedures will be established for each of these elements. Specific modifications as necessary to tailor the prevention program for each treatment facility will be incorporated into each element. Specific requirements for each element as required by the regulations is outlined in Attachment 1. C OM Can: p Dresser & McKee 6295MB 260 3/19/99 '.~~;ZtL7r;;rl .!".Ll..'..I1 , APR ') 7 1C;GQ · PG. 1 1_...." I ~,..n-_.... ;:;.-:-;:-..;~~..;~;;;::~;:;--.-;~,__! Accidental Release Prevention Program Scope of Services Task 2 - Develop Emergency Response Plan An emergency response plan (ERP) certificate and procedure will be developed for each treatment plant. The emergency response plan will be developed based on emergency response by other outside agencies. The ERP will incorporate local response agencies, as appropriate. The ERP will establish emergency response procedures and training and will be coordinated with requirements of the Collier County Emergency Response Plans. Task 3 - Risk Management Plan Report Incorporate report elements from all tasks into a Risk Management Plan final report. The Risk Management Plan will document the management system established by the facility O\\TIer to implement the accidental release prevention program and \\ill include the following sections: Section 1 - Executive Summary Section 2 - Registration of Facility Section 3 - Summary of Hazard Assessment Section 4 - Prevention Program Section 5 - Emergency Response Plan Section 6 - Certification Task 4 - Produce Final Draft Process Safety Program Documents CDM will incorporate, into each of the written procedure described in Task 3, one set of County comments. CDM will then assemble the written documentation into a comprehensive basic RMP plan. Although CDM will perform this project properly, a responsible official from the County must certify that, to the best of his or her knowledge, information, and belief formed after reasonable inquiry, the information submitted is true, accurate, and complete. COM Camp Dresser & McKee 6295MB 260 3/19/99 r~u~~;-;5c~:'r:~~ '1:111, ..-ItIL,/ !../- I 2. APD 'j 7 1qe;q ~ J ' 1\ ~ ~vv . ,- ~ PG'~a_.5.__....~._- ~ .,~....>'~~~"tr.::A>.rk~:<:~"""""P"."''''''''-.>~t'':".,!).",,,lO'- Accidental Release Prevention Program Scope of Services Task 5 - Permit Coordination CDM will prepare and coordinate all certification and registration forms required by the EP A and State of Florida. CDM will attend one (1) meeting with regulatory personnel and respond to two round of comments from both agencies. Schedule COM will follow a schedule, mutually agreed upon by COM and the County, that results in submission of the draft Risk Management Plan by June, 20 1999. Table 2 provides the project schedule for all major deliverables. All written materials prepared by CDM will be provided to the City on draft form. COM will provide final \\Titten documents to the city within two weeks of receipt of review comments. Fee COM will provide the Risk Management services described above for North and South Regional Water Treatment Plants. the North Regional Wastewater Treatment Plant and the Pelican Bay Wastewater Treatment Plant with a total fee not to exceed $87.585. The fee schedule for each facility is summarized in Table 3. This work will be invoiced once a month, based on the actual and other direct cost expended. Professional services fees will be based on the Employee Hourly Billing Rate Schedule A, in the Fixed Term Professional Engineering Contract #98-2835: other direct costs will be billed based on incurred costs. This fee includes full and final compensation for all expenses CDM will incur in performing project services. Additional Services [Not included in the Scope of Services] 1. Public Education 1 Information Assistance 2. Provide training of operation personnel CDM Camp Dresser & McKee 6295MB 260 3/19/99 Ir~=:~:~2iL~~~T;1 ADD 1'\ 7 lr"-,: 31 J 1\ ~ ~ \,': ..: a ~ L ~V~ r I Pi;. ~ .........,.. '~'.l~""'):::-;':-:~-:~:-";~;:;;::;;'-';":':;;~'";..._..~ Accidental Release Prevention Program Scope of Services Table 1 Facilities Included in Scope of Services - Phase II PLANT CAPACITY North Regional Water Treatment Plant 20 mgd South Regional Water Treatment Plant 12 mgd North Regional Wastewater Treatment Plant 8.5 mgd Pelican Bay Wastewater Treatment Plant * 1 mgd * Professional services for the Pelican Bay Wastewater Treatment Plant is based on conducting a Hazard Review and providing a letter report. CDM Camp Dresser & McKee 6295MB 260 3/19/99 r~~-;:;;':2!';~~'~'-l , " . _._.Z_l_ 0__.,0.. 41 A r.'~ 2 7 ~ r, r ,.., t ~ . t""t\ IS:;=) i t._~G:-:;;";;;::7~;:;~' :...;.::-;:~...J Accidental Release Prevention Program Scope of Services Table 2 Accidental Release Prevention Program Schedule TASK DRAFT FINAL SUBMITT AL Registration of Facility June 1 June 10 Hazard Assessment Review Plan April 7 * April 28** Standard Operating Procedures April 27 June 17 Maintenance Procedures April 27 July 14 Training Programs June 7 July 14 Emergency Response Plan April 27 June 14 Accident Investigation Procedures April 21 June 14 Compliance Audit Schedule April 21 June 14 Final Report June 1 7 *** ** Hazard Assessment submittal will outline on-site review agenda and schedule Complete Hazard Assessment field work for all facilities Final report will be submitted two weeks after receiving County comments. * *** CDM Camp Dresser & McKee 6295MB.260 3/19/99 -:,Jt't~lt!n APR 2 7 F;~:'1 f . J...l.... f - ~ PG.__~ __'.'__ f ~.n:..?''''''~'''.:r"",,''.......-,:,_..~. _"""~,-"...",..._." ......__~_..:_.,,:.~.____~. Accidental Release Prevention Program Scope of Services Ta hie 3 Fee Schedule Accidental Release Prevention Program Phase II - Risk l\lanagement Plan Facility Labor Costs ODe Total North Regional Water $ 26,890 $ 1,550 $ 28,440 Treatment Plant South Regional Water S 26,890 $ 1,550 $ 28,440 Treatment Plant North Regional Wastewater S 28,005 $ 1,600 $ 29,605 Treatment Plant Pelican Bay Wastewater S 1,000 $ 100 S 1,100 Treatment Plant Total Upper Limit S 82,785 S 4,800 S 87,585 COM Camp Dresser & McKee 6295MB 260 3/19/99 F, '-'~'_~~~;":,'~"M,,~_'._,~_'""-' i ,,"JL~",'" : "'"(,) f t" 14.. ..j ~.l@ 1_, '.1- I A D ,~ 2 7 1 r-, ..q,~ . t I" '-, 'n a i '\ v,.~'! 1_.=,.~~.-;.~~1;':::;':';';':;;;;:;7".J Q ." ~.~ ~ .~: ~.;ll ~ ~ ~ Ir ,"'. ~ ! ~ ~ ~ ~ : :; ~ ~ ~ ~ ~ ~ =t :;; m ~ ~ ~ ~ g , ... 00 .... '", 00 '" o ... ... ... - -(XI '0 00 00 00 00 ... ... 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Vl (J1 C l.~ 0 0 '~:~::j~~Jr!I , AtOR "'l 7 l(:~:q i \L ~..~ ~ PG. / I ~ ._",.<",..c.,;;:..~:::, " ,~< =,::-':'7:~ .<..~J Accidental Release Prevention Program Attachment NO.1 Specific Requirements for Each Element of the Prevention Program Introduction - Program Requirements . Regulatory mandates . County compliance policy . Applicability of USEP A's standard to the plants . Previous Incidents . Chemical Hazard Information . County staffing requirements for compliance Element - Safety Information . Update safety information including; . Program Management, Roles, and Responsibilities . Employee Participation . Pre-Startup Safety Reviews . Management of change . Incident Investigation . Compliance Audits . Program Maintenance · Schedule Program Updates · Program Update after Charges · Continuous Improvement . Describe covered process compliance with recognized and generally accepted engineering design practices including; . Relief System Design . Ventilation system design . Comparison of new equipment to design codes & standards 6295MB 261 3/12/99 r"~:~~GFS~; f5:'(~)--~1' , ___kC 'I -1- :'1 :'i '1" (. ': ;', , A n'l L. f L ,: J 1-1 t_<~,~:~;:::.l:~~o;:;;,; ,:;;.;.,,;;,_J Accidental Release Prevention Program Attachment No. 1 · Comparison of existing equipment to design codes & standards · Analysis of any deviations from code, results of those deviations and control for those deviations Element - Hazard Review · Conduct hazard review for each covered process and develop procedures to avoid release accidentals, including; . Control of access . Control of inventory levels . Standard operating procedures for: . Initial start up . Normal operations . System inspection . Normal shut down . Emergency shut down . Temporary operations . Re-start lip . Employee training . Document past problems and action taken to resolve the problems. . Establish review cycle. Element - Operating Procedures . Develop written procedures that the County will use to control disinfection gases including; . Preventative maintenance schedule . Methods for making or breaking "containment" . Equipment lockout and tagout . Mechanical integrity testing . Hot work permits . Minimum operating requirements. · Update prior to required startup or after major change. 6295MB 261 3/12/99 rl.-;'ffi~)19-. l _ APR 2 7 1SC:] 1t2 ~ . ~ pro /3 fi l.,....,.y~~. ..~,:'~;~~.~-;7~~~-:--~::;;-;;;. .....-1 Accidental Release Prevention Program Attachment No. 1 Element - Training . Establish training programs and refresher courses for operation staff on operation and maintenance procedures . Establish training requirements for ope'ration staff . Provide a training schedule Element - Maintenance . Establish procedures for maintaining mechanical integrity. . Establish training requirements for maintenance personnel. . Establish procedures for inspections and tests of process equipment. Element - Compliance Audits . Establish and certify compliance procedures with regulations at least at 3-year intervals. . Establish procedures to document response to findings and that deficiencies have been corrected. . Establish document control and reporting requirements to maintain compliance with the program. Element - Response and Incident Investigation Procedures . Establish procedures for investigating each incident which: . Resulted in catastrophic release. . Could reasonably have resulted in catastrophic release. . Prepare standard forms for: . Summary report. . Process to address and resolve deficiencies. . Review procedures for affected personnel with affected job tasks. 6295MB 261 3/12/99 r~,: .~1~'lJJ~Il I ~ !'"l~) ") ",-~.;' t An\ f.. 7 i~. > ,) 11-3 (' pc. '_' Li- .._ __ ~ ..-......,..."-..,.--....."....,.....,......'...,-...-'..""............;'. ~........'<> Accidental Release Prevention Program Attachment No. 1 Establish Procedures for Response to Chemical Emergencies . Notification of authorities . Release control or mitigation through emergency equipment operations . Emergency plant operations . Medical emergencies 6295MB 261 3/12/99 -~~j~~'3l}{jjL1) -1 APR 2 7 1(.;~;'1 t ...J............ fI: ,~~=[q;_~.;;;;;;.7,:;_J 1-4 WORK ORDER # CDM-FT-99-5 Agreement for Fixed Term Professional Engineering Ser\'ices Dated December 8, 1998 (Contract #98-2835) This Work Order is for professional engineering services for work known as Project: USEPA Accidental Emission Release Risk Management Program Phase II Study - Accidental Release Prevention Program for Water and Wastewater Facilities The work is specified in the proposal dated March 22. 1999, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #CDM-FT-99-5 is assigned to Camp Dresser & McKee, Inc. ~e of Work: Task I - Develop Prevention Program Task 2 Develop Emergency Response Plan Task 3 - Risk Management Plan Report Task 4 - Produce Final Draft Process Safety program Documents Task 5 - Alternative Analysis Tasks I through 5 shall be conducted for each of four water and wastewater facilities involved in the Phase II-Risk Management Plan as indicated in the attached Camp Dresser & Mckee, Inc. proposal. The facilities are: I) North County Regional Water Treatment Plant (NCR WTP); 2) South County Regional Water Treatment Plant (SCRWTPj; 3) North Water Reclamation Facility (NWRF): and 4) Pelican Bay Wastewater Treatment Plant (PBWWTP). Schedule of Work: Complete work with submittal of Final Draft Report by June 17th, 1999 from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and material sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "An of the Agreement), NCR WTP SCR WTP NWRF PBWWTP $ 28,440 $ 28,440 $ 29,605 $ 1,100 (time & material) (time & material) (time & material) (time & material) TOTAL FEE $ 87,585 Any change within monetary authority of tl{is Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "An of the Agreement. PREPARED BY: ~~I/J/ ,:!:r<'r- :;' ,/,,/' / 5~ I Date 1 //? ~c/ Date Date APPROVED BY: Jeff Bibby, P.E., PWED Director Date Approved as to Form and -:'~~~;.L- Assistant County Attorney G Date: .., /-, -'.' -:- I / / // (:0 ;), I I - ATTEST: (cor~cretarc By: \<:::.~ Ronald N. Armstrong, Senior Camp Dresser & McKee, Inc.. Name of Firm -J- By: Vice President "7) / / )'/L-~""--- Signature '--~~Jt~l~3t'-l-=~l APR '! 7 lQ,Y' ~ L ""..::1 I PG. I It, ! O;frr"';:;-"~~;';"--:;;;-;;';,.::;;;.,':;;:;'7~l"~ Type Name and Title S.\Colller\CDMFT99 doc EXECUTIVE SUMMARY ~ APPROVE A BUDGET AMENDMENT FOR THE PURCHASE OF A TRACKHOE OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, approve a budget amendment taking funds from Reserves for the purchase ofa trackhoe as a replacement of Asset No. 910091, which has a repair cost that now exceeds its value. CONSIDERA TIONS: 1. The Water Distribution Section is responsible for the installation and maintenance of all water mains, service lines and water meters within the Collier County Water District. 2. Asset No. 910091, a trackhoe, is assigned to the Meter Install Section. The loss of the use of this equipment is severely impacting the Distribution Section's ability to install service lines and meters in a timely manner. 3. The trackhoe to be replaced was originally purchased in 1991 and has 2,227 hours of operating use. 4. Exhibit A is from the City of North Miami Beach, Bid No. 98-18, dated April 16, 1998. This Bid shows that Kelly Tractor Corporation is the low bidder for a three ton tackhoe. Exhibit B is a letter from Kelly Tractor agreeing to honor the Bid No. 98-18 price. ..-.' FISCAL IMP ACT: The replacement of the trackhoe was not anticipated when the FY 99 Budget was / prepared and this expenditure was not budgeted. Staff recommends that funds for this purchase be appropriated from Utilities Contingency Reserves and placed in the Water Distribution Cost Center. The total amount to be expended on this equipment described above is $34,002. A saving on budgeted vehicle replacements in the amount of $15,000 will be moved to offset the amount of funds required from Reserves. GROWTH MANAGEMENT IMP ACT: None r-- RECOMMENDA TION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, approve the attached Budget Amendment in the amount of $34,002 moving funds from Utilities Reserves and within the Water Distribution Cost Center to the proper object code for purchase of a replacement trackhoe for Asset No. 910091. /~),. I;~ ,--I) - {if" _ ,,' / <:- v v'''j(:L~ !1~J.l-~ ;~, ibbl' Field sur(~~r / d-J.:r!; lirr~~ Paul Maftausch, Water Director (<-'I .~ .'" /-..., /-, 1," '--il-;;. ,..L' /\ I 'III ~ ,', // ~(y"-'v('\"'-il . ~ - I i Steve Car?~ng ~rector ~~~-- Ed I1schner, Public Works Administrator SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: 4/1 ~!:f':-~~:"'7':.'~"~:;~-~"-1 ~ tIG._J(p,C.~~... i I AP I.~ ''': ..::~' ; i " Ii. . ; ~ PC ........,....~ ...",_....~) "';"l;:;"-' :;:;..::.-;:,"";.,. _ :-,:.';.~_ ~--~ ~~~.;..c.v.-~~~~~~ - · .- '.-; E){h'b:i: A INVITATION TO BID' :if! ::k..... ~ ..j i ..., " .:( It \\ , () >\9~\ '\ x\ '.,' U) ..J:) ..." {"'i c., rV t'l ~~: -;:..: "--1" '~(-I ,....-"1 :P"': . ~- -- - r", ~':0~% 'J; ..< 9 ",. .0 .. '~~:~~~)"'~.-:~ - . -' . - .>":..Y ,;' . ,'.. . ..', .:':~}~\~.' :~i . ....... ,)~f!~[~'c' . '.;",'-'';''.A~ .-.:- - '. ~".' ~.~:.';- ;~.!?~}~,~~.> ~ ~'~.".- -~ . ~\~~~f-Jt":,~:\_:7!Jr{~?:~-. - . -. , ,- ,. SUBJECT: THREE-TON TRACK HOE , "' . , .. . ~ , ..'....'-.., ;........ -.; ~'- ~. '-r.>?~:~~~;#.f~<.. '-'~:.., >: OATEz8(TIME' l,,;,!:;{~II.~lz:' ......,-..",-.:w" SUB MIT~T 0 . f,t~.~'.'1~)i~~:::;'~" · . I APRIL 16, 1998 AT 11 :45 A.M. _H_,' . _. . .' ~ . ~;1ii~:'~~:~~I:r:.-,:;~jS"'"i:~~~7.'~".-'~~li: ;-. crrV HALL PURCHASING DEPARTMENT:~~.': ":<:~-:::i~'.~~;:~'-' :. . ' " . .' ,'. -'. C-. -.' ..... ." RqOM 318, THIRD FLOOR -. '. ..", \17011 N.E. 19TH-AVENUE: :",:)"~~.~:~~~~._,~i, :. ., --. ". NORTH MIAMI BEACH, FLORIDA 33162 - ;j.' - - "~'~;:iinJ~:~* 98-19 ':~~:'f-' :.': - BID~:BO'ND:_ .. ~,~.:..:_~'7.-:, -L.:,.-'. - ..._'.,. ,"- '- ";--''''~'_~.~ ~,' _:. - ,..'r... ,.- - s;~... ..-~.l!- ~!;.!:~...'lo~_., .... ".J;~~;ciJ#:':,?~1r!*'1~~~~tY'; NOT REQUIRED - PERFORMANCE BCiND:': . )f/ NOT REQUIRED . .C,(NDA l'\~"i\ NO .J1JJ?)L4- APR 2 '1 1999 ,:;.,J.~~01;' ;:~i;hJ;;,;i~j~~r' ,\/L, ;".,' . . ..... ...... :"'~;:. ,";';' .. !. ....;., .. . P&;_:i;~:~';.;.}t$i ,:c::~:; ~;:-~: 1701 (~.E: c'1'91~'AvenUe :';'.::, North ~iiami Be8ch.'Fi~rida' 33162-31 00. . (305) 948-2976 . (305) 948-2985. ';.':::" ~!i~~~l~~ - <O<o;X-'- 3.t:..?.~Z~~:--~~~_~~~~....~.c~.!~~-=-l:"'lJ~i'\.l'-KA"~_"~_--- --- !~ I ~'~ GENERAL TERMS AND CONDITIONS OF INVITATIONS FOR BIDS 1 . GENERAL CONDITIONS Bidders are required to submit their proposals upon the following express conditions: /I( A. Bidders shall thoroughly examine the drawings, specifications, schedules, instructions and all other contract documents. B. Bidders shall make all investigations necessary to thoroughly inform themselves regarding plant and facilities for delivery of material and equipment as required by the bid conditions. No plea of ignorance, by the bidder, of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the bidder to make the necessary examinations and investigations, or failure. to fulfill in every detail the requirements of the contract documents, will be accepted as a basis for varying the requirements of the City or the compensation to the bidder. C. Bidders are advised that all City contracts are subject to all legal requirements provided for in the City of North Miami Beach Purchasing Ordinance #77-17 as amended, and applicable State and Federal and County Statutes. . 2. PREPARATION OF BIDS I Bids will be prepared in accordance with the following: A. Our enclosed Bid Proposal Form is to be used in submitting your bid. NO OTHER FORM WILL BE ACCEPTED. B. All information required by the bid form shall be furnished. The bidder shall sign each continuation sheet (where indicated) on which an entry is made. C. Unit prices shall be shown ~nd where there is an error in extension of prices, the unit price shall govern. D. Alternate bids will not be considered unless authorized by the Invit~tion for Bids. . E. Proposed delivery time must be shown in calendar days, which shall include weekends and holidays. F. The City of North Miami Beach is exempt from payment to its vendors of State of Rorida sales tax and, therefore, such taxes should not be figured into the bid. However, this exemption does not transmit to suppliers to the City in their (supplier) purchases of goods or services, used in work or goods supplied to the City. Contractors are responsible for any taxes, sales or otherwise, levied on their purchases, subcontracts, employment, etc. An exemption certificate will be signed where applicable, upon request. The City will pay no sales tax. 3: DESCRIPTION OF SUPPLIES I . ~ A. Any manufacturer's names, trade names, brand names, or catalog numbers used in these applications are for the purpose of describing and establishing minimum r' . --;;--1~r..,~rrLH~ NO.__~ .~t~ PAGE 1 F ZZ . I 4/16/98 A~H 2 7 1999 ! BID #9 9 PG. .3 1 ---- ~.~ --:;.~~:~~~~~~~.:-:':.'~.-[,-~-:-:-~-:-~:-~:-~:-:'-~~~:i~X~~~~~-:5"o'~tr~~:~:~:":<~:r.X~~~~~~ - i requirements or level of quality, standards of performance, and design required, and is in no way intended to prohibit the bidding of other manufacturers' items of equal material, unless specifications state "NO SUBSTITUTIONS." B. Bidders must indicate any variances to the specifications, terms, and conditions, no matter how slight. If variatio~ are not stated in the Proposal, it shall be construed that the bid fully complies with the Specifications, Terms and Conditions. C. Bidders are required to state exactly what they' intend to furnish, otherwise they shall be required to furnish the items as specified. D. Bidders will submit, with their proposal, necessary data (factory information sheets, specifications, brochures, etc.) to evaluate and determine the quality of the item{sl they. are bidding. E. The City shall be the sole judge of equality and its decision shall be final. . 4. SUBMISSION OF BIDS A. Bids '. and Addenda thereto shall'. be enClosed in s-ealed envelopes addre'ss~d\othe - Purchasing Agent, Lynn Gribble, City of North Miami Beach, 17011 NE'19 Avenue, Room 318, North Miami Beach, Florida 33162. The name and addressof.the bidder, the bid number, the date and hour of the bid opening, and the bid name shall be placed on the outside of the envelope. . . - ;-- B. Bids must be submitted on the forms furnished. Telegraphic and facsimile bids will not be considered. Bids, however, may be'l1lodified by telegraphic notice provided such notice is received prior to the time and date set for the bid.'openlng. Bids shallbe dated and time stamped in Room 318 prior to bid opening. Bidders shall have sole responsibility of insuring delivery of bids on time and to the proper location. , C. Bidders requesting a copy of th~ bid tabulation shall include a stamped, self-addressed envelope. - ,~~{ :~;;~[)DENDA. -. ~ "r..'r...~.. ~- ". Bidder shall be responsible for verifying with Purchasing Division whether any addenda have been issued. "'; <;i-:f;";'>< 6>~ REJECTION OF BIDS I,. ~:." .". A. The City may reject a bid if: . ~~ >,~_""'i,~~s..~~ 1 . The Bidder fails to acknowledge receipt of an addendum, or if 2. The Bidder misstates or conceals any material fact in the bid, or if ,- ~. ~ " . .- 3. The bid does not strictly conform to the law or requirements of bid, or if . .., 4. The bid is conditional, except that the bidder. may qualify his bid for acceptance by the City on an "all or none" basis, group basis, or a "low item" basis. An "all or none" basis bid must include all items upon which bids are invited. ~-""AGENO-~' l~[~-r NO. I r ~ PAGE 2 F 22 ___l..2.. . . .4/16/98 AP R 2 7 1999 . . BID #98- 9 ,1 - PG. ~ -~~~.-",.,......_~ ....~:~:: ;,:.;; :::~i;:",::~:,:;.:;;;':~:':;' ~--~~-:"'~~::::'~:::~~"":'-A~-::~~~~~~~~-;";-;':~:-';";':~'~~~~":"~--I:""':I.:~~--- - - , The City may, however, reject all bids whenever it is deemed in the best interest of the City to do so, and may reject any part of a bid unless the bid has been qualified as provided in paragraph 5(A)4 above. The City may also waive any minor informalities or irregularities in any bid. /C. 7. WITHDRAWAL OF BIDS A. Bids may not be withdrawn for a period of 90 days after the time set for the bid opening. B. Bids may be withdrawn prior to the time set for the bid opening. Such request must be in writing. C. The City will permanently retain as liquidated damages the bid deposit furnished by any bidder who requests to withdraw a bid after the bid opening. 8. LATE BIDS OR MODIFICATIONS Only bids or proposals received as of opening date and time will be considered timely. Bids and modifications received after the time set for the bid opening will be rejected as late. 9. CLARIFICATION OR OBJECTION TO BID SPECIFICATIONS , If any person contemplating submitting . a bid for this contract is in doubt as to the true meaning of the specifications or other bid documents or any part thereof, he/she may submit to the Purchasing Supervisor on or before ten days prior to scheduled opening, a request for clarification. All such requests for clarificaticinshall be made in writing and. the person submitting the request will be responsible for. its . prompt .delivery. Any, interpretation of the bid, if made, will be made only by Addendum duly issued. A copy 'of such Addendum will be mailed or delivered to each person receiving an Invitation for Bids. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. Any Objection to the specifications and requirements as set forth in this bid must be filed in writing with the Purchasing Supervisor on or before ten days prior to scheduled opening. . ' 10. DISCOUNTS A. Bidders may offer a cash discount for prompt payment; however, such discounts shall . ,NOT be considered in determining the lowest net cost for bid evaluation purposes. Bidders are encouraged to reflect cash discounts in the unit prices quoted. B. In connection with any discount offered, time will be computed from the dat~ of receipt of supplies or services or from the date a correct invoice is received, whichever is the later date. Payment is deemed to be made on the date of mailing of the check. 11. COMPETENCY OF BIDDERS A. Pre-award inspection of the Bidder's facility may be made prior to the award of contract. Bids will be conside;ed only from firms whichJlre regularly engaged in the business of providing the goods and/or services as described in this Bid(s); have a record of performance for a reasonable period of time; have sufficient financial support, .equipment and organization to insure that they can satisfactorily deliver the material and/or~NI~DA~~ PAGE3t2~O._l~12.)t~ 4/16/98 APR 2 7 1999 BID #98-1t...~~~-:=.~ . _ .~,; ~~'C"_ =. .:~~ ~~:.<2_>f.m.!l8S~~'*~"""" ~1:'DA~:::'~~~,~':'~ "-r. -~?i~~J . if awarded a Contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be constru~d to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City. B. The City may consider any e..1fdence available to it of the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City in making the award in the best interest of the City. 12. TERMINATION OF CONTRACT A. The City may, by written' notice to the Contractor, terminate the Contract if the Contractor has been found to have failed to perform his' s~rvices in a manner satisfactory to the City as per specifications, including delivery as specified. The date of termination shall be stated in the notice. City shall be sole judge of non-performance. B. The City may cancel the Contract upon 30 days written notice for reasons other than cause. 13. EMPLOYEES ...,.-.. .. All employees of the Contractor shall be considered to be at all times the, sole employees of the Contractor, under the Contractor's sole direction, and not an employee or agent of the City of North Miami Beach. The Contractor shall supply competent and physically capable employees ,-.nd the City may require the Contractor to remove any'employee it deems careless, incompetent. insubordinate or otherwise objectionable and whose presence on City property is not in the best interest of the City. Each employee shall have and wear proper identification. 14. AWARD OF BID A. The bid will be awarded to the lowest responsible bidder(s) whose bides), conforming to the Invitation for Bids, is most advantageous to the City, price and other factors considered. B. The City reserves the right to accep't and award item by' ite~,and/or by group, or in the aggregate, unless the bidder qualifies his bid by specified limitations as provided for in paragraph 5(A)4. C. Successful Bidder shall be notified in writing of award. D. The enclosed Agreement shall be filled in, signed, and witnessed, and returned with the Bid Proposal pages. The City will sign the agreement submitted by the Successful Bidder, and return a copy to the Bidder. E. Delivery of materials and/or services shall be performed upon receipt by successful bidder of a numbered, signed purchase order. 15. AGREEMENT . -_....~.._, 'i/ An Agreement is enclosed as part of these specifications. Bidders shall fill in their name, sign the Agreement, have it witnessed, and return with their bid. The City will then fill in ~\Io'.~~~_'T-'''''~ PAGE 4bF ~i~-1;;,Ld~) 4/16/98 f . APR 2 7 lS99 BID #9~19 ": I pc. Is, 'W>~"~'~~~-;-:'" . -. ~... . ~._ t . ..'. '." ;.;' .' . :~:~f~~J~~1~;~~~;~'~ -~:.t- . 'i:;;:7~~,:~ :.'~:-:-:~.:' . ~.v-:.-(;..............~. nf-r....... ~ r':' '.r-{~~~..,..r.~- ~ -- --~ ;~~. the term, sign the Agreement submitted by the awarded bidder, and provide a copy of the fully executed Agreement to that bidder. 16. DISQUAUFICA TION OF BIDDERS A bidder may be disqualified tempo~rily or permanently and hislher bides) rejected for: . ,- .; A. Poor performance or default, in the City's opinion, on previous contracts with the City. B. Poor performance or default, in the City's opinion, on previous contracts with other public entities. C. Insufficient financial or company size, in the City's opinion, to perform the requirements of the contract. 17. . LOCAL, STATE AND FEDERAL COMPLIANCE REQUIREMENTS Bidders shall comply with all local, state and federal directiv~s, orders and laws as applicable to this bid and subsequent contract(s). Including but not limited to: 1) Equal Employment Opportunity (EEO), in cOfIlpliance with Executive Order 11246 as amended and applicable to .this contract. 2) Occupational Safety and Health Act (OSHA) as applicable to this contract. 18. COLLUSION The bidder, by affixing his signature to this proposal, agrees to the following: .Bidder certifies that hislher bid is made without previous understanding, agreement, or connection with any person, firm or corporation, makj'ng a tlid for the same items, or the initiating City department, and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action. n 19. MAINTAINING BID STATUS To be retained on the active bidders list, bidder MUST respond to this Invitation to Bid. To protect your status as an active bidder, please complete and return the last page of the bid proposal form indicating reason ~or .No Bid" at this time. Three (3) consecutive failures to respond to bid invitations could result in automatic removal from the bidders list. 20. PATENTS AND COPYRIGHTS It shall be understood and agreed that by the submission of a proposal, the bidder, if awarded a contract, shall save harmless and fully indemnify the City and any of its officers or agents from any and all damages that may; at any time, be imposed or claimed for infringement of any patent right, trademark, or copyright, of any person or persons, association, or corporation, as the result of the use of such articles by the City, or any of its officers, agents, or employees, and of which article~ the contractor ivnot the patentee, assignee, licensee, or owner, or lawfully entitled to sell same. I ';~~~I;;2J3(-l} PAGE 5 OF 22 Ai .,', 4116/98 " ('r( 2 7 1999 BID #98-19/, PG. 7 !t__~_~.~-:;;;;;; .-~~ -'II~"'_. ...:..' _-...L -"-'--'"'-- r 21. PUBLIC RECORDS LAW Pursuant to Florida Statute 119.07, public records may be inspected and examined by anyone desiring to do so, at a reasonable time, under reasonable conditions, and under supervision by the custodian of the public record. Sealed Bids and Proposals become subject to this statute, notwithstanding bidders' or propos~s' requests to the contrary, at the time the City provides notice of a decision or intended decision, or 10 days after bid or proposal opening, whichever is earlier. Financial statements submitted in response to a request by the City are confidential, and exempt from disclosure. Data processing software obtained under a licensing agreement which prohibits its disclosure is also exempt. 22. INFORMATION Further information, if desired, maybe obtained from the Purchasing Agent, 17011 N.E. 19th Avenue, Room 318, North Miami Beach, Florida 33162, Telephone (305) 948-2976. Questions or requests for clarification of the specifications shall be in writing and received by the Purchasing Agent at least seven days prior to the date and time of the bid opening. They may be mailed or faxed to (305) 948-2996. 23. REQUEST FOR PROPOSAL Should these "General Conditions- be used in the specifications for a Request for Proposal, every reference to a bid shall be and mean the same as proposal. 24. CONFLICT IN SPECIFICATIONS Where there appears to be a variance or conflict between these General Conditions and the Special Conditions or Technical Specifications outlined in the Bid Package, the order of preference shall be Technical Speciflcations, Special Conditions, then General Terms and Conditions. 25. EXCEPTIONS TO PROPOSAL The bidder shall list on the space provided on the proposal page or on a separate sheet of paper any exceptions to the condition~ of this Bid Proposal. This sheet shall be labeled, "Exceptions to Proposal Provisions, - and shall be attached to the Bid Proposal. If no exceptions are stated, it will be understood that all General, Special and Technical Conditions will be complied with, without exception. 26. NOTICE TO PROCEED A signed Purchase Order will be the Contractor's authorization to proceed and may substitute for a "Notice to Proceed" form. 27. HOLD HARMLESS AGREEMENT The awarded bidder agrees to indemnify and hold the"City harmless from any and all claims, suits, actions, damages, causes of action, or attorney's fees, arising from any --H~w.,",- _ I . AG1~tTIJ ' NO., '_ 8. (~} PAGE 6 ot. 22 -, 4/16/98 APk 2 7 1999 BID #98-1 PG. 8 ..-....s,..~"""'---...,.._~.... ~..,; -'" '-'~ ~-~ .~ 'Odj;""""" - - -.,r .-. -'-'" ~~ ,. -.,..,......... personal injury, loss of life, or damage to person or property sustained by reason of or as a result of the products or services supplied. The awarded bidder agrees to indemnify and hold the City harmless from any and all claims, suits, actions, damages, causes of action, or attorney's fees, arising from any personal injury, loss of life, or dama~ to person or property sustained by reason of or as a result of the negligence of the contractor/supplier, his employees, agents, or assigns. 28. COPELAND "ANTI-KICKBACK" Contractor and all subcontractors will comply with the Copeland .Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of labor regulations (29 CFR Part 3). 29. CONFLICT OF LAW If and when this contract is disputed, and should it be necessary' to litigate, the substantive and procedural laws of the State of Florida shall govern the outcome of such litigation. This shall apply notwithstanding such factors which include, but are not limited to, place where contract is entered into, place where accident arises, or any other such incident. 30. INTERPRETATION OF THE APPRPXIMA TE QUANTITIES The bidder's attention is called to the fact that the estimate of quantities to be furnished under the specifications is approximate only and not guaranteed. The City does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities. 31 . QUANTITIES The City specifically reserves the right to accept all or any part of the bid, to split the award, to in~rease or decrease the quan.tity t6 meet additional or reduced requirements of the City, without such change affecting the contract unit price set. forth in the proposal form by the bidder. 32. DELIVERY Prices quoted and deliveries are to be FOB Destination and unloaded unless otherwise specified in the Invitation for Bids and made during regular business hours. Title and risk of loss shall pass to the City upon inspection and acceptance at the delivery point and/or as may be otherwise provided for. 33. WARRANTY Unless otherwise specified, all items proposed by the bidder shall include a warranty covering parts and labor for a specified period of time. The bidder shall submit information on both manufacturer and dealer warranties, where applicable, with the bid proposal. 34. DURATION OF AGREEMENT )/ Unless otherwise stated, the prices and conditions stated in this bid shall be in effect folr L_. . NO._l.~iAf&) PAGE70F 2 4/16/98 APR 2 7 1999 BID#98-19l~L__ . ':.""'::~_~I. .. ;:>.'. .i." ~~~ period of one year from the date of the issuance of a letter of award, or date of executed contract, whichever is later. 35. CONTRACT RENEWAL Any contract or agreement executee in conjunction with the award of a bid may be renewed for a,dditional twelve month periods if agreed to in writing by both parties. 36. CLAIMS Successful bidder(s) will be responsible for making any and all claims against carriers for missing or damaged items. 37. MATERIAL SAFETY DATA SHEET (MSDS) Under the terms of the Florida Right-to-Know Law (Chapter 442, Florida Statutes), all suppliers of products deemed to be toxic iri substance, as indicated in the State of Florida Substance List, are required to submit a Material Safety Data Sheet (MSDS) for each substance as a condition of the award of the bid by the City. - 38. CONDITION OF MATERIALS AND PACKAGING All equipment, materials, supplies, and components supplied under this bid must be new and. unused, free from defects, and shall be the latest manufacturer's models unless otherwise specified. No others will be accepted under the terms and intent of this bid. All containers shall be new and suitable for storage or shipment, 'and bjd price shall include. standard commercial packaging. Any exceptions to this provision shall be detailed on the proposal page under exceptions to specifications. - 39. INSURANCE Successful Bidder shall not commende work under the Contract until proof of all required insurance has been submitted to Purchasing, and approved by the City. A. Workers' Compensation Insurance for all employees of ,the 'vendor and subcontractor as required by Florida Statute 440. In the event any work is sublet, Contractor shail require the sub-contractor similarly to provide Workers' Compensation insurance, unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this contraC1: is not protected under the Workers' Compensation statute, the Contractor shall cause such sub- contractor to provide adequate insurance for protection of the employees not otherwise protected. B. Comprehensive General Liability in an amount not less than $300,000 combined single limit per occurrence for bodily.injury and property damage. The City of North Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non-owned, and hired vehicles used in connection with the work, in an amount not les~han $300,000 combined single limit per occurrence for bodily injury and property damage. I AC(ND..-n(~: PAGE 8 OF~2 'i0._-1.l.o1..8~ 4/16/98 - .' APR 2 7 1"QC BID #98-19 ,; -1..... ~ r' :LO-- ! ......-- ~_:c_-..,._--..-.~ -,.4 The insurance coverage required shall include those classifications, as listed instandard liability insurance manuals, which most nearly reflect the operations of the vendor. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: . /C. The company must be rated no less than B + as to management, and no less than Class V as to financial strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, OJdwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. . CertIficates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the City. 40. SAMPLES Samples, when required, must be submitted within the time specified at no expense to the City. If not destroyed or used up during testing, samples will be returned upon request at the . bidder's expense. Each individual sample must be labeled with bidder's name and manufacturer's brand name and number. 41. PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the bonvicted vendor list following a conviction for a public entity crime may not submit a bid ona 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 prc:>perty to a public entity, may not be ~warded or perform work as a contractor, supplier, subcontractor, or consultant 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. . 42. DRUG-FREE WORKPLACE PROGRAM In the event of identical tie low bids, preference shall be given to businesses with drug-free workplace programs. Bidders with such programs shall complete arid submit the' attached form with bid. 43. SOLICITATION, GIVING, AND ACCEPTANCE OF GIFTS POLICY Bidders shall sign and submit this attached form indicating understanding and compliance with the City's and State's policies prohibiting solicitation and acceptance of gifts by pyblic officers, employees, or candidates. Failure to submit this signed form will result in your bid being declared non-responsive; provided, however, that the low bidder may be given the opportunity to submit the form to the City within five calendar days after notification by the City, if this is determined to be in the best interest of the City. ., .~~ A,:!:. lTE+-! PAGE 9 F~~'- -L!.3)-G2) 4/16J98 APR 2 7 lcOQ BID #98- 9 ..Jv..1 PG. II ' ~~~- ~~~::::;"~*:':SO*;::;:>5:;~><'>j.~--~--.,",,--- .... ~_~;':ai' -~ r ., - ] - -. - - :-~,:::':;~':,$.!le~g,.,<:' SPECIFICA liONS THREE TON TRACK HOE SCOPE /( The City of North Miami Beach is requesting sealed bids for the purchase of a THREE TON TRACK HOE as specified herein. Bid prices shall be FOB, delivered, City of North Miami Beach, Public Services Department, 2101 N.E. 159lh Street, North Miami Beach, Florida 33162. REQUIREMENTS The requirements specified herein apply to all THREE TON TRACK HOE purchased under the terms and conditions of this bid. This specification is not complete without the specific requirements described in the detailed specifications for the particular vehicles,to be purchased. In the event there 'is a conflict between the requirements of this specification and those of the following technical specifications, the requirements as stated in the technical specifications for the heavy equipment to be purchased shall apply. , All equipment by this specification and the technical specifications shall be the' manufacturers latest basic production model, and shall as a minimum be equipped with all standard equipment in accordance with the manufacturers latest literature. Bidders must supply a unit that either meets or exceeds all .the requirements included in the applicable detailed specifications. All bidders will be required to provide any information requested on the price sheets, such as manufacturer and model number lof various components, or may have their bid rejected. All equipment, options, and features provided must' be designed, constructed, and installed to be fully suitable for their intended use and service. All equipment delivered under this bid shall be new and shall carry the standard factory warranty. The unit shall have all normal standard equipment and all additional equipment as specified herein. The bidder shall maintain a normal supply of replacement parts and shall have the personnel and facilities to provide such service as necessary to keep the equipment in operation. Response time shall not e.xceed 48 hours. The bidder shall furnish with their bid, manufacturer's printed specifications which - clearly show the rating, weights, capacities, measurwnents and design of the proposed equipment. PAGE 10 4/16/98 BID #98-1 ' .'AGt."UArn;- F s..---1j,LO)~ APR 2 7 lS99 PG. _j.J).. --.....,..~,....~~ .~;~~-~~-..;.~-:_:_-_-_-';~~~;';';;~~Y;V~~-,~-~--::-:..~-t~~=-......-""'-_.J" - it --,~. -..rJ"J"~'W"J .'f'OO'"IC~ ::l--~ - ~-~~ CONDITIONS: A. In addition to equipment specified by this specification and by the applicable tedmical . specifications, vehicles shall be equipped with all standard equipment as specified by the manufacturer for this model, and shall comply with all EP A Emissions Standards, and all Federal Motor Vehicle srt'ety Standards as established by the U.S. Department of Transportation regarding the manufacture of motor vehicles. B. The successful bidder shall. be responsible for delivering vehicles that are properly serviced, clean, and in first class operating condition. Pre-delivery service, at a minimum, shall include the following: (a) Complete lubrication of chassis, engine, and operating mechanisms with manufacturer's recommended grades of lubricantS. (b) Check all flu~d levels to assure proper fill. (c) Adjustment of engine to proper operating condition. (d) Inflate tires to proper pressure. ( e) Check to assure proper operation of all accessories; gauges, lights, and mechanical and hydraulic features. (f) Front end aJignment, and wheels balanced, in~luding spare. (IF APPLICABLE). (g) Focusing of headlights. (h) Cleaning of vehicle, if necessary, and removat of all- ~ecessary tags, stickers, papers, etc. C. Speedometer must be correct, regardless of the tires provided by the vehicle manufacturer, oraxle ratio furnished. D. Owner's manual and warranty manual to accompany each vehicle; . . -. '...... , -....-_. ,-" E. The term "Factory Installed" is used to identify the co~ponents of the specifications that shall be installed by the manufacturer or at fmal ~sembly, and may not be installed by the contracting dealer. Aftennarket partsand components an~ lactory produced parts ~iiD4 components ordered as parts and inStalled by the dealer, or a' Contractor, do' not meet the requirements of "Factory Installed" components, and will be rejected for non-compliance with the requirements of the specifications. ... "..:.f.~;;.;. .' ;,.t.:"t.-:--':':-.- In the event a component(s) that does not meet the specifications is found to be installed on the vehicle before or after the vehicle has ~n accepted by the City, the contractor shall be required to replace the vehicle with a unit that meets the required specifications, INCLUDING ALL FACTORY INSTALLED COMPONENTS, or the cost of the non- specification component(s) will be refunded to the City or deducted from the invoice. If the cost of the component(s) is not specified witJUn the contract, the City will detennine the price based on tile best pricing infonnation available. ...:-_.~~ PA~E 11 f~.3tc}J5~ I '. 4/16/98 - BID #98-~. APR2 7 1599 . ,. pc. ~ t_w._,.;.~....~-;:;~~ ~.~~~:~~~,~--'~~~:~:,~,=:':~;"~~~~~V~.a4t'".~~_~<:~:-.'t'"........- - ~~~jo.~"-' ~ ~ ~"'~~"""'IQoaQ 'iil~ ~- - .- MINIMUM STANDARDS Included below are the minimum requirements and features acceptable for a THREE TON TRACK HOE. Bidders shall indicate whether their proposed THREE TON TRACK HOE meets the requirements or if there are any variances to the specifications. Variances must be explained on a separate sheet of paper. Bidders must submit pages 12 through 14 of the specifications along with the proposal pages. Bids that are submitted without pages 12 through 14 shall be considered non-responsive. I A. ENGINE: Four stroke cycle. naturally aspirated diesel Minimum of 33 horsepower @ 2600 rpm. Twelve-volt battery with alternator and minimum of two-hour reserve capacity Minimum 8.5 galJonfuel capacity. Dual element DRJ-Type air filter. . Radiator trash screen Fuel filter with water separator YES NO ,/ ./ ~ ./ v ./ ./ B. UNDERCARRIAGE: Axial-piston hydraulic motors with planetary drives / Independent drive to each track ./ Hydraulic brake valve / Steel tracks with minimum 14" shoe width ./ Hydraulic track adjustment with shock absorber recoil springs / Track shall have permanently lubricated track rollers and sprockets with floating seal , / Heavy duty undercarriage frame with all welded stress relieved construction ./. C. PERFORMANCE: Joy-stick, hydraulic actuated controls ./ .,Offset pivoting boom. " ./ . Dozer blade minimum 5'4" length and 15" hei'ght v' Minimum bucket digging depth of 11' ,,/ Minimum digging force of 5,100 lb. ,/ Minimum lifting capacities of 930 lb. Over the side and 1,470 lb. Over the front with the blade down ~ Minimum reach at grou!ld level of 16'6" ../ Minimum 18" bucket width with side-cutters Bucket pins shall have O-ring and grease seals / 360 degree cab swing with lock ,/ Minimum 4'8" tail swing radius ./ 2 speed travel system (low-high). ,/ Must be equipped with auxiliary hydraulic attachment on boom ,/ It/ PAGE 12 OJ;N~lI{f(;J)_ 4/16/98 n BID #98-19 APt\ 2 7 1599 PG. ~_!.'/:. ~:J'>ll-"">>r""'~"'-""'-_;~_ YES NO D. SAFETY AND APPEARANCE: Walk through canopy cab with tip over protective structure steel / roof JC. I Exterior OSHA safety color Rubber floor matting ./ Adjustable vinyl seat, equipped with seat belt ./ Operating lights and gauges with warning lights visible and / audible alarm \.. E. FRAME: Minimum operating weight 7,500 lb. / Minimum overall length 16'6. ./ Minimum width 5'4" / Minimum ground clearance 12. / F. HYDRAULICS: :/ Minimum system capacity 26.0 gallons Minimum operating pressure 2,800 PSI /' Type of pumps two (2) variable displacement piston pumps, one (1) gear style pump / Hydraulically-released atomize swing brake / Minimum auxiliary flow 15 ~PM . / Unit shall be equipped with a Hydraulic oil cooler / G. CAB AND OPERA TOR'S COMPARTMENT: Machine shall be equipped with a four post Roll Over Protection System (R.O.P.S) / . Machine shall have three (3) front working lights and one (1) / rear flashing light Machine shall be equipped with an electronic monitoring system providing both visual and audible warnings for- en~ine / temperature Machine shall be equipped with console mounted pilot operated joy-stick controls for all digging functions / Machine shall have both hand and foot operated travel controls / Machine shall be equipped with recessed sight gauge~ for fuel / and hydraulic fluid levels, as well as an electric fuel gauge Machine shall have a 6-way adjustable suspension seat / :/~~:813b~~:KiJ)t4L BID #98-f APR 2 7 lS99 PG. _..16:.__ -""'-~~--""':""-:;;;'~ '_-'-~-:" '::::-'. ," .,.~.:...___...;.....~~.;..___.______~_....:"..~_...I!'l".-....L~" ,,-:~.a; --.....~--- It/ - --. I f4ft'-qiillQ~~"'-'-- -' -~'E-.~-s>.c-x.,Q - -- ___.__;":'-~~~~,...:).jo:"'--"'_"'.J' .....I>-.J~ ,,-. YES NO H. MAINTENANCE AND RELIABILITY: Machine shall have an external bucket shim adjuster &01 Machine shall have suction and return hydraulic filter v Machine shall have locking fuel cCp and locking engine compartment ./ Machine shall have a tilt-up operators platform . c/ Machine shall have one year, unlimited hour warranty Machine shall have wrap around rear counter-weight for engine compartment protection ' ./ Machine shall have an emergency engine shutdown system to help protect the engine from damage due to low oil pressure or / high engine coolant temperature V DELIVERY _ -Bidder shall state on the proposal form, delivery time in calendar days from the'date of receipt of purchase order. The maximum acceptable delivery time is 180 days after receipt of order. Price shall not be the sole factor in determining the award 9f this bid. The delivery time proposed will ' also be considered in the bid award process. - WARRANTY: Minimum of one year on parts and labor from the date of acceptance by the City. NOTE: BIDDER SHALL PROVIDE A COMPLETE SET OF'THE SERVICE MANUAL AND A COMPLETE SET OF THE PARTS MANUAL FOR lTEM(S} SPECIFIED HEREIN. NOTES: ,. 1. Specification Problems, Questions, or Comments: '," . Problems, questions, or comments regarding these specifications must be directed to Lynn Gribble an305} 948-2976 and must be immediately confirmed in writing to: City of North Miami Beach Purchasing ,Department, Attn: Lynn Gribb[e, Purchasing Agent, 17011 NE 19 Avenue, North Miami Beach, Florida 33162, Fax. # (305) 948-2996. . 2. Prices shall be FOB, delivered, City of North Miami Public Services Department, 2101 N.E. 159th Street, North Miami Beach, Florida ~3162. 3. Bids shall be submitted to the Office of the Purchasing Agent, 17011 N.E. 19 Avenue, Room 318, North Miami Beach Florida 33162 and must be received no later than 11 :45 AM on Thursday, April 16, 1998. Bids received after that time shall not be considered. - .", PAGE 14 4/16/98 BID #98-1 --;Z~f:(/~ F r:n. -.- f2..A~ APR 2 7 1899 PG.-1(o___ ~...~-~ -- ..._____h -. -- -~~~-:--":;.-<;-~~- ~.L---::.r:~...........-- - BID PROPOSAL . ~'-- .-;-~:~(~ - ~~~.~!.;;;Yij Contractor shall furnish and deliver Three Ton Track Hoe as per specifications contained herein' to the City of North Miami Beach Public Services Department. F.D.B. shall be to the City of North Miami Beach Public Services Department, 2101 N.E. 159th Street, North Miami Beach, Florida 33162. ,. ITEM # DESCRIPTION PRICE , (per specifications) ~'\ PO'-~ 'LL 0001 THREE TON TRACK HOE $ - . MANUFACTURER: '\ ~ v( e. U C-~. ~ MODEL BID: \~O'~-S TRACK HOE SHALL BE DELIVERED \0 " '.~.;~:y~~,~'~:A~';J:i?\:.:,.,- " . 'DAYSAFTERRECEIPTOF_ORDER_ ' ~'''s:r ;'~:' Tj, ':... ' ..-.:.. W ARRANlY: \ ye..Q.( ( '. :... lERMs:M ~O , 6~y~'.," .-:. ..0:-'" REMARKS: / ( , '~>.<. . ~~"'_ + co, .' _ .........-. _.-: '1';,- . '-;.:.'.,.,. -00_"_ .~- - '.J .,.... ' ,<i~,,:~~tf&,;;:k; :. .' -. '-'~:-;~-~~:fW:~ ~\:_~"-'.7.~ "" , -~ . - - ':.:-- ,~~. :E$;~:~?'~ .,-'"; ~-. :: ," ;' .":: - ,,t'Z:-G:. '~>'<'I_:r'....~~-;" ._:.._:~r~...:-- .~ '-. ; i.~sr<~~: '.~- ~ .. EXCEPTIO~.S TOSPECIFICA TIONS: ~J,&~:.,>~~; c.. '. "~ :.'3: ,c ~~: <._,~.' ._e. .;; . . . "fc'<":;. . .. , ' .~~~.,: :,.:~~1f; ~~r ~~ '- ....,;~~:~,:~--:..: ~'~f~1iIt> ,;. ,~. - -.-,~\~~ b~;;_~f; "C. :; '_ . "," -'~"'-;~:""~ .~;\~. ::. .:-" ~'. -:-~~~ . ~:~:.~.~.~~~-,:...' . NAME OF COMPANY: \<.~\~ ~(Ac..\-o( Co. P D NAME OF COMPANY SUBMTITlNG BID . "j> :-.:;-~ SIGNATURE tA~~ f (SIGN IN INK) l/ . - - . .".. .:~~:~rlr,";:~~:':. ,'. /: ~::.t '.1 '~., :'" . . ',-:'~'.. . 'I;~_. " _ _i'-.-:.~.;.;.::..;.:~~~~~A ~"",:.<~>;:;.~--~. -. -~ ~ "':":"T ::l....=J;.~bt ~::.o:,,:.,;....;...;..:.;,.,.;.....;,..:~_..U.;.Q'.: ~. T1 1lf -- BID PROPOSAL (CONTINUED) By signing and submitting this bid proposal, we acknowledge having read and agreeing to all tenns and conditions of these specifications, including, but not limited to, agreeing to indemnify and hold the City harmless from any and all claims, suits, actions, damages, causes of action, or attorney's fees arising from any personal injury, loss of life, or damage.-to person or property sustained by reason or as a result of the products or services supplied, or negligence of contractorls~pp1ier , hislher employees, agents, or assigns. By signing and submitting this bid proposal, we certify that this company has current insurance coverage specified herein: The insurance policy number(s) and expiration date(s) are provided below, or a copy of the insurance certificate(s) are enclosed. If awarded the bid, we will provide the City wi~ proof of the required insurance and name the City as additional insured on our general liability coverage.. INSURANCE POLICY NO.(S): G L \ '\ C:, S -,20 Cl~ \~"l~~~ G,ce~e(c' L, ~~,\ \~ 'j ~-\-~y ~~ l.,~b,\..{._j ~ll/~y, EXPIRATIONDATE(S): ~-\ -~'\- .,\s\(o~ .~{~("~ CO-N..p ~/,(~~' , lNSURANCECERTIFlCATE(S) ENCLOSED: [~ENERAL ~IABIL~.' [~WORKER'SCOMPENSATION [~AUTOMOBILELIABILITY_. NAME OF COMPANY: ~e\\y ~(DC:.~( Co . PRINT NAME OF COMPANY SUBMI111NG BID SIGNA TIJRE: ~,,~ . (SIGN IN INK) ~o~" ~ - ~c".c \ (PRINT NAME) TITLE: ~~~\.~\'D~ '~~<'-~~("'" . ADDRESS: . :~~ cs~ ~-.~. <3;,.~ .<.:::::.,. CIlY:_ ~.\ ~~ \. STATE: TELEPHONE~O.{~~'S6\2.~S'bI..{ ~'2."~ SOLE PROPRIETORSHIP: [] PARTNERSHIP: [] ~'-- ZIP: ~ ~, COG> FAXNO.:(~~ ~~'2..'-l~~'l.... CORPORATION: [ ] .! :..~~ ~:.~ ~~~E~,:--' ACKNdVlfkti-OMENT OF RECEIPT OF ADDENDA: (IFAPi>~ICABLE) ADDENDUM #1: TITLE SIGNATURE It/ TITLE SIGNATURE . ...., PAGE 16 4/16/98 . BID #98-19 2~0 .^~Gj~LB~ APR '2 7 lS99 PG.__LL_ __~...,Jr....."~.8EW~ ~~;-.:~~X''' ~ -:.l.l8iiIIf ~...~-/....-..- G. -^-..n.< - ............A:.~~ - ~ ~~ AGREEMENT BETWEEN THE CITY OF NORTH MIAMI BEACH AND ,. ~c:=\\ 'f ~~~l.o( Co This is an AGREEMENT by and betWeen the CITY OF NORTII MIAMI BEACH, a municipal corporation, hereinafter referred to as "CITY"; and '" e\~ 'I "'\ ~t::..C::-~( Co . ,its successors and assigns, hereinafter referred to as "CON1RACTOR". WHEREAS the CITY has awarded Bid No. 98-19 for the PURCHASE OF A TIffiEE TON TRACK HOE to CONTRACTOR ' IN CONSIDERATION of the mutual terms, conditions, premi~, and payments hereinafter set forth, the CITY and CON1RACTOR agree as follows: . r . " 1. The CON1RACTOR agrees to provide the materials and/or services and to be bound by the terms and conditions of the Invitation to Bid, which includes General Terms and Conditions of Invitations for Bids, Specifications, and Bid Forms attached hereto and incorporated herein as Exhibit "A" and to the terms of CONTRACTOR'S PROPOSAL attached hereto and incorporated herein as Exhibit "B". . 2. The CITY agrees to abide by and to be bound by the"terms of the Invitation to Bid, which includes General Terms and Conditions of Invitations' for Bids, Specifications, and Bid Forms as attached hereto and incorporated herein as Exhibit "A" and to the terms of CONTRACTOR'S PROPOSAL attached hereto and incorporated herein as Exhibit "B". 3. CONTRACTOR shall deliver materials andior provide service .when and as directed by the , CITY. 4. The CITY agrees to make payment in accordance with the terms of the attached. Invitation to Bid and Bid Forms attached hereto and incorporated herein as Exhibit " A" and to the terms of CONTRACTOR'S PROPOSAL attached hereto and incorporated herein as Exhibit "B". 5. This Agreement constitutes the entire agreement between the parties hereto, and its provisions shall not be amended, except in writing, after formal approval by both parties. 6. 1b.is Agreement will commence on /rf flJ... L II.f- , 1998 and expire on h A-Y I If , 1998 unless otherwise notified by the CitY. Any extension to this Agreement sball be in writing. The City Manager is authorized to terminate this agreement on behalf of the City. 'Ii PAGE 17 4/16/98 BID #98-19 ~~~~-~ 2!) . :J(~Ut J3)'t:tJ APR 2 7 lS99 /1 PG. ---"--"'- ~~~~~ __.........~-"" ,..,- ......._ -..I- ------- "'- -... ~....-- - .......~ - - 7. CONTRACTOR agrees to indemnify and hold the City harmless from any and all claims, suits, actions, damages, causes of action, or attorney's fees, arising from any personal injury, loss of life, or damage to person or property s~ed by reason of or as a result of the products or services supplied. 8. CONTRACTOR agrees to indemnify and hold the .City harmless from any and all claims, suits, actions, damages, causes of action, or attorney's fees, arising from any personal injury, loss of life, or damage to person or property sustained by reason of or as a result of the negligence of the contractor/supplier, his employees, agents, or assigns. IN .WItNESS WHEREOF, the parties hereto have made and executed this Agreement on this \'-\ ~ ~(-, \ day of wrrNESSES: _~:'"- -l.'- '"< :;-':;'.<. - I. .' -- ~'~ <~. - ArrEST: :",::..~-; ~_?l?~on Odenz :<t,",;:.-Cl ty",Clerk "-~ ;;',:--- ill:.; ---~ '-'.-.'" (CITY SEAL) "~ : .-.-.....-,..';-'- .. \ ~'- \ t :'~. :.';'"":-. CONTRACTOR: ' 1998. President SecretaI)' CITY OF NORTH MIAMI BEACH Gary Brown.' CitY Manager', APPROVED AS TO FORM: Howard B. Lenard ~ity A~omey . .., PAGE 18 4/16/98 BID #98-19 210.jm.tij'- _,.APR 2,] .lSD9 PG._ilJJ -.--- ~"_i"'_~~ "OIl:.! .. -.1">'<-.. ...-:.>..._~~ - ~ -~~........... ....~ BID SIGNATURE PAGE FOR CORPORATION The officers of the Corporation are as follows: NAME /C ADDRESS President Vice-President Secretary Treasurer Registered Agent ,._~.; ',"The fun names and residences of stockbrokers. Persons, or firms i~terest~, in theforegoing~i~,;O:'>- ,-.-; ~s principals, are as follo~:'. .-: -.' '. .- ',-; _~~.~:--.- --; -':-."i.':{0:f~~~}._}; - -. ..,~ .. ,", . .. - .--':>.-. --- ",' ...;. . . . .... . ~ . ' . : .- ._'.....-~<-~ ; ...:<...~:--", . '_ ,_"< .' ,':""A',.' ,,': ,', ~~. ...~ -t{~!li~;F: ' _: " '_'I~t;- ,", :-'.--; Post Office Address BIDDER: (CORPORATE NAME) -.' -....- ~ ~.- ,- "..' - . ~. . ~-. . - ---. '.., - . - ~ .. ~ .-. - - - ..' -. ~' - '- '---~~:::_~'---:~J '-~~:~~:.# ..~.:;~J~'-~:~~~:.": . .~J;2:;:'; .. ; '7-S{i:: t'f$ .:. u, -: Is.this c6rporationinoorporated ,.~,. - .In thestate"of Florida?;; -. ,-; , >~_::._:<:~..7./..:...>-~..> '~'::_'~ .~.>, :,.. '~-, _<\~', q~~;~,~;:.~. - .',_~: . .-',,:;',"YES r] " NCfj r~'-; -.:'..,-;,:;~-:"~'- ~ ._.."'~~;-:~- . -.; "".::--:-:':,:~~;': -:-:.F"- '-.~';::-<~ .-.:'.. ,--~~.':_~_:~~~':~~/'::~'" -0 . .~,.~~SI[)~SSIGNAruRE ~._,~t~~/(;(~~{,~:. , .- :-..... . .- ~ '. '1' -.., ~. ATTEST: ......... -}W~~:>/ ,. ~-' ': ,---~'. '.) ..' - .'~ ~- ... .-: .~ _~"." ,- ~"'i-:' .~: ,--,~. :-:..t~. ;:.'-~' ~. '-,:. ,._,:". .:-,.;~- --:_~-t:."'_-:!. ;.<~ . " ;~. . ~fi:"lf no, give address of principal place of business: (,: .:;. "".-. ~ PAGE19;;~;~f~f0t~j . 4/16/98. o. ., .; ,~,<'.- . . BID #9s:.19, ,':?:,~'~:2.~J2]: 1SS~. , ':'-'-;'P~.'_,':;jl' ,..' ,~ .' BID SIGNATURE PAGE FOR SOLE PROPRIETOR OR PARTNERSHIP The full names and residences of pe~ons, partners or firm interested in the foregoing .Bid, as principals, are as follows: .. ' ~ . .-!., .;'.... ~. :I. -.. ,.: ,~-'--._.:,.. ; ~. : ;... v' .~ _ .....;..t:;. ,r;;' ~.;:5~~-='''~~' . ~J;~.,}}~~'''- - .~- ~'-' ~,~..... - -;;.; : " (SEAL.> ;'~';'..i~~ ,...: .{~~" :. .~ '. ',:.,:, c.: -: '. ~ -.' ,':;':"'i.'>-':- .:---:.,..,. ""; " ......' ~'-~~ '\~ :"_~1_ ..~ ::. '':' .~.._< .,-', -,". 'w~j;'f-f~I~~;~" .~ ... - ,"''-- ..- .. . - >.::::_'_"~J~::-.:.'.'j'-;;' .:;:~~, ,:;~:"'~~~r{~~:fF' ~,- . , , "- .:,.:-:-:_::.- -':-, -','--: .' ,0" , . " . . -- ;.' ~;.;.......;,.. ,- . -' .--'- --- ._. . . -. .~.,.." .-. .-~~r:~.~:~~_~~~~~~li~{'-~~~- ,::.:~l:"r=' :'i~~~*~~~ia-:~ ..-.......:.>-3:;,' '. . :~.:-.,_/.'- 'i\ ' _.~-~__u~.. _' .:;::;/i~i3:;';~~::'. ",7:,"-;.: ,.<~-~::1~:~~.: ,', -~: '.: ':"":':~';':?':C6i:mtYrn-whlcll fiCtitious' name is registered. 1r~~"..~"r::' . Attach a copy of proof of registration ..::~.: :.' ;:.. .::s-:.:: ;,.7.\:-.' ." ., ;'-"':;"-' . ..~-;.?~. ' /'>BIDDER -_.....~-~ ~~:t21;;~t!!~_.._:,:_. .::.t;:~~~~:':~~';;i.,~,..~:.: '. 0: ~:.~'-;~-<1;~"~-:- .. "';': ',' ~ " . ~~fjjfE.;~:~!~:i ~; (FIRM NAME) : ~: ',',~. -: -. '.. ;,....',. -: ;~).i:;:~,~2,~~:i~v - ;,.-.......... ..-...,' ,", -~ ,... , .'-.-, .r~~ff1-{'; {:SIGNA TURE - ;; ~ :' ~;:;J~~'/ .".:...:.-.-;'....' PRINT NAME . /- "-~-; ~:;~~:~;~/ .~.:... . .... ~.' " ....:-",:---.-'- ,- , ."^~~:~:~t:i:,-::: v'.:.,.:;.' :<~ . . -- ." . . _ '<"_ c- .- "-~~,' ~,-' . '. .'. ,":. ,;' ", -- ::.ct;;~[t~c.i{t~.~}.,j.. ~~~~~~0;, , . ,TrtJe(Sole ,Proprietor or Partnerr:!i':'~'d~~~~:'t+~;-1Z.~:' .' Post Offl6e'Address,: . ';;- ";': "'.t.~~~rt.r ~.~:-"~. -. ,,' - . ....', - -~ - ,,' '~ ....." . . ~ ~ ..~'. . . '-. :~.~!f!~.:('--:-""....':':'~:;~ .:..~;- ~~~<~_.: ~ -: - ~ ~ . ~~;:. :"A:~,>\~~;,~~:~~:( \ TELEPHONE .. . . ..-' PAGE 20 4/16/98 '- BID #98-- . FI02.::1~~m~,' APR 2',7 ',iSQ,.Qo:,::_ . t:}:J~:.'~,!<,~' PG.~~~_' .' . '..~~ ~ ::7..;. " DRUG-FREE WORKPLACE PROGRAM A. IDENTICAL TIE BIDS - Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price. quality, and service are received by the State or by any poJitical subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the Commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the' terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance ' law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. . Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. . . :., _.As the person authorized to sign the statement, I certify that th'is finn complies fully with the above .. ,"" requirements. .' " tA'. ',,-- ~ . ~ VENDOR'S SIGNATURE .1 D ~ l' J.. c:::.oc.c \ PRINTED NAME V-.6\\ 1"'\(Cc-~< Co _ NAME OF COMPANY :.:"t )/ PAGE 210 4/16198 BID #98-19 ;;::tci73~ j . APR 2 7 1599 PG '_~~ ~'.ii.uga,"'v'- r~~. SOLICITATION, GIVING, AND ACCEPTANCE OF GIFTS POLICY ~ Florida Statute 112.313 prohibits the solicitation or acceptance of Gifts. - "No public officer, employee of an agency, or candidate for nomination or election shall solicit or accept anything of value to the recipi~nt, including a gift, loan, reward, promise oUijture employment, favor, or service, based }lpon any understanding that the vote, officiala~tion, or judgment of the public officer, employee, or candidate would be influenced tti~reby'.' "... the tenn 'public officer' includes any person elected or appointed to hold office'in any agency, including any person serving on an advisory body!' City of North Miami Beach policy prohibits all public officers, elected or appointed, all employees, and their families from accepting any gifts of any value, either directly or indirectly, from any contractor, vendor, consultant, or business with whom the City, does business. Only advertising (..ffice stationery or supplies of small value are exempt from this policy - e.g. calendars, note pads, pencils.-. The State of Florida definition of "gifts" includes the following: r- Real property, or its use. Tangible or intangible personal property, or its use. A preferential rate of tenns on a debt, loan, goods, or services. Forgiveness of an indebtedness. Transportation, lodging, or parking. Membership dues. Entrance fees, admission fees, or tickets to events; perfonnances, or facilities. Plants, flowers, or flo~1 arrangements. . Services provided by persons pursuant to a professional license or certificate. Other personal services for which a fee is normally charged by the person providing the services. . Any other similar service or. thing having an attributable value not already provided for in this section. To this-list, the City of North Miami Beach h~s added food, meals, beverages, and candy. Any contractor, vendor, consultant, or business found to have given a gift to a public officer or employee, or his/her family, will be subject to dismissal or revocation of contract As the person authorized to sign the statement, I certify that this finn will comply fully with this policy. -~!:: T , - "~:~(':;~:7't0 ~J?: ~'Idn: ' ". ,",,",-" A j ':-:";~. '.c';~c:~":'__ - ~I . SIG ATURE .~ o~ ("\,' ~. . ~c>c.c> \ PRINT NAME ,"..-','" ' '. ,'. ~1.~:r:;f-:":/./f~.:~j:~=-.~,......~t~,::. ,-. ::"'" ~ ""~'fit~.'o -'" .~- ....' ..; ( 7.~;~:.::-~~;(r:J':-,~- \ \,,~~,c>-<'l., t:=.C\ ~~~ ". ....~- TITLE" .}-t :'(;:~'.,.-. -".~~~.".............,,-~ 0315/99 15:58 VELLY TRRCTOR .:, 7322526 ~.'X. h b."t 5 MiIllU 82S51iW 58 She! ~R..1:!I~ (305) 592-5360 FAA ~ 417-2(fJ4 I'f1l1IpIno SsII 1168 !IN 2f S!IrItIIt Pr/mpIFrJ 8eBch, R. J3($1~ (95t) ffl.4l,{;O ~A'X ~ S~l WesI PMm s./I S48J Ok~ IlotirNarl1 West flill Beadt, Fl .1U I ?-4517 (4Q7) 6&-1231 FAX (4fJ1) ~ ClIwiIlNl 601 E Sugari&'ld HigtlWlly ~.A.~ (941) MUm F~ (94 j) 9fJM(tJO Fotf Myets 9651 Ke#tT~Or Fct1~. Fl. 3J905-5514 ~'! S93-~ FAX (941) 693-&76 PlI1It; GOI'd:9 8ZJ I Pa.'ilZ 0tM: PlII1a Goroi;, Fl .IJ!lliO.472i ~1} 63j.n72 FAX ~ 1) 637-9'129 0Ifn0 (Ctate ~ l T.IlO E ClblaI r;n.~ 0rlaId:l.1i. al82lr?20i (4lJ7) 56Ut:65 FAX (407) 568-7701 YUM. _.leIte ~,__ "AANq March 15, 1999 To: Pam Libby Collier County Water Kelly Tractor Co. acknowledges honor the price of $34,002.22 for th TB035 originally sold co City of Nor on P.D # 041750 on 6-9-98. If you n information please feel free to contact me at 639-9233.! \ I Thank you, &:::~ Ft. Myers V.E.n Sales e. SULLA'R.. ~ I I at it will Takeuchi Miami Beach d any further NO. 002 [;102 [II I .~~)i I APR 2 7 l~('.q ~ ...J....'.., l I - l ._---L PG. db !,___ i ISAmaER-GRl!e~ ftw CKER Sent b~:CI .~ of NMB Mar-26-99 09:39aM frOM 3059573522~9417320844 page 2/ 2 CITY OF NORTH MIAMI BEACH INTER-OFFICE MEMORANDUM Purchasing Department DATE: RE: KELVIN BAKER DIRECTOR OF PUBLIC SERVICES MAXMILLlAN S. DIAH PURCHASING DIVISION APRIL 20, 1998 BID 98.19, THREE TON TRACK HOE TO: FROM: We received responses from the following seven (7) vendors for Bid # 98-19, THREE TON TRACK HOE: 1. Kelly Tractor Co. 2. South Florida Ford/New Holland 3. Ditch Witch Trencher, Inc. of Florida 4. Florida Municipal Equipment, Inc. [SUBMITTED A "NO BID"] 5. G S Equipment, Inc. [SUBMITTED A "NO BID"] 6. Growers Ford Tractor Co. [SUBMITTED A "NO BID"] 7. Moody & Sons, Inc. [SUBMITTED A "NO BIC"] SOUTH FLORIDA DITCH WITCH KELLY FORD! TRENCHER INC. TR\CTOR CO. NEW HOLLAND. OF FLORIDA THREE TON TRACK HOE 34,002.22 35,247.00 38,812.01 DELIVERY TERMS 10 DAYS 45 DAYS 0-30 DAYS Enclosed are copies of each bid proposal and a copy of the bid tabulation sheet for your department's review and recommendation. Imsd ......-.... Enclosures CC: Karl Thompson w/attachments CC: Airia Austin w/attachments , '~;:"l~.t;"[.:=(-~.;f;Y ~)"l -- -"'-. -- ~~ APR 2. 7 lSS,'~. J .1 PG . -.d.../g__..__:-:- ",--... EXECUTIVE SUMMARY APPROVE SUPPLEMENTAL AGREEMENT NO.6 WITH CH2M HILL FOR THE PINE RIDGE ROAD IMPROVEMENT, PROJECT NO. 60111;CIE 41 OBJECTIVE: To receive Board of County Commissioners' approval of Supplemental Agreement (S/A) No.6 for Pine Ridge Road six laning improvements. CONSIDERA TIONS: Transportation Services Department has requested to include additional roadway signalization in the Pine Ridge Road Project. The additional signalization includes a temporary signalization and a permanent signalization at Whippoonvill Lane, signalization at the Carrillon Shopping Center and the YMCA Entrance, Kensington Park and Barron School Entrance, Livingston Road, Vineyards Boulevard, and Logan Boulevard. In order to have CH2M Hill perform these additional services, and compensate for the additional services, staff recommends this S/A No.6 be approved. ~. Original Contract Amount: S/A No.1 S/A No.2 S/A No.3 S/A No.4 $395,365.00 $125,000.00 - Extend design scope to Logan Blvd. $ 9,291.00 - Aerial Photography services. $194,420.00 - Utility and I-75 ramp modification design servIces. $186,092.00 - Napa Blvd., 1-75 Ramp, Plans update, Construction Services. $ 34,954.00 - Plans revision to advance Napa Blvd. Access Improvements. S/A No.5 This S/A No.6 Proposed Contract Amount $108,991.00 $1,054,113.00 \tV FISCAL IMPACT: Funds in the amount of $108,991.00 are available in Road Impact fees ,j District 1, for the Pine Ridge Road Project. Fund source is Impact Fees. GROWTH MANAGEMENT IMP ACT: This Capital Improvement Element No. 41 is consistent with the Transportation sub-element of the Growth Management Plan. ,~ RECOMMENDATION: That the Board of County Commissioners: (1) Authorize and approve S/A No.6 to CH2M Hill in the amount of$108,991.00. (2) Direct the Board Chairman to execute S/A No.6. SUBMITTED B~~ ~ -:------. . ..1. ~- r -- p.tr Micah K. M saquoi, P .E., PMP Project Manager, OCPM Date: -1 -( 2- ')5) I tL., i'-J ~1i2i&5c-r , AF' ; " t,. ,., 7 1r,,.-,. I f -I'~ r!. :;::;:J 0. t.,~,~.~:.,."';,._,'~~.__..:__=" ' Executive Summary Supplemental Agreement with CHM2 Hill Page No.2 REVIEWED BY: REVIEWED BY: APPROVED BY: '7 'l . ~ ,J -; ?' ./ ~ ~~~~-" Jeffrey Bibby, P.E. Public Works En . .' 1 , - - /" Y' /--:'"!/,,f A r::!-.-<!//): (~(". L" '_.' ; / "Director Ed Ilschner Public Works Administrator Attachment: Three (3) original copies - S/A No.6 Date: ~I /; S /'?CJ' 1 \\:: Date: (- /"'7 - / / Date:4hp/e?f , ,. r:~:!zmEil ~ APh ') 7 lcnq f :: I... ...~... ! G "-~,_ O!.- _ · '''~''~'- "~-~._~ [)v;OJ..;.:.~~'12~ 0IZ1b, Project No. 69101 S/A NO.6 SUPPLEMENTAL AGREEMENT TO CONSULTING ENGINEERING SERVICES AGREEMENT THIS SUPPLEMENTAL AGREEMENT, made and entered into this _day of 1999, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, hereinafter called the COUNTY, and CH2M Hill of 4350 W. Cypress Street, Suite 600, Tampa, Florida 33607-4155, duly authorized to conduct business in the State of Florida, hereinafter called the CONSULTANT. WITNESSETH WHEREAS, the COUNTY and CONSULTANT heretofore on 19 April 1994 entered into an Agreement whereby the COUNTY retained the CONSULTANT to furnished certain consulting services in connection with proposed construction of C.R. 896 six laning improvements, (Jet. C.R. 31 to Jet. 1-75), County Project No. 60111; and, WHEREAS, the County desires to modifY the terms of said Agreement, and toward that end it is necessary to: EXPAND UPON THE SCOPE OF SERVICES PREVIOUSLY AUTHORIZED SPECIFICALLY RELATING TO ADDITIONAL SIGNALIZATION PLANS PREPARATION, AND TO COMPENSATE THE CONSULTANT FOR ADDITIONAL COSTS TO BE INCURRED FOR SAID ADDITIONAL SERVICES. CONSULTANT'S FEE PROPOSAL FOR ADDITIONAL SERVICES DATED MARCH 17,1999 IS ATTACHED HERETO AND IS HEREBY INCORPORATED AND MADE A FORMAL PART OF THIS SUPPLEMENTAL NO.6. NOW THEREFORE, the Consulting Engineering Services Agreement is hereby amended and supplemented as follows: ]. Consultant shall perfonn signalization design services as described in Attachment "A". 2. Consultant's cost proposal for services described in Attachment "A" is provided in Attachments "B"and ,I,C". 3. Contract fee adjustment and status (this Supplemental Agreement No.6); 3.1 Original maximum contract fee 3.2 S/A No.1 3.3 S/A No.2 3.4 S/A No.3 3.5 S/A No.4 3.6 S/A No.5 3.7 This S/A No.6 Maximum and current contract fee = $395,365.00 = $125,000.00 = $ 9,291.00 = $194,420.00 = $186,092.00 = $ 34,954.00 = $108,991.00 = $1,054,1 ]3.00 4. Contract time adjustment: Increase 45 calendar days for design services. 5. Contract completion time to be determined by Notice to Proceed for the construction phase. 6. The revised and current lump sum contract amount as stated above includes costs for overhead, fringe benefits, out-of-pocket expenses, profit margin, and all other direct and indirect costs and expenses. 7. Except as hereby modified, amended, or changed, all of the terms and conditions of said original Consulting Engineering Services Agreement shall remain in full force and effect. Page 1 of2 ;~=.~:;: .fu~:(& I ! APR 2 7 lS99 ! L=~~~.~~__..~.J Project No. 69101 S/A NO.6 AS TO FORM AND LEGAL SUFFICIENCY: AS TO THE BOARD OF COUNTY COMMISSIONERS: ') (j ) 1.' ~'-.....L~A__'J-~-."._t1. /' ~ DA VID C. WEIGEL, COUNTY A ~ "'<, AS TO THE CONSULT ANT: SIGNED, SEALED, AND DELIVERED IN THE PRESENCE OF: ~C>-< ~ ~ FIRST W NESS (NAME WRlITEN) fJ~ .,e 8~,.Ir/C!- ' STATE OF FLORIDA COUNTY OF HILLSBOROUGH BOA~D OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'Kie, Chairman ATTEST: Dwight E. Brock, Clerk of Courts CH2M HIlL BY: ~4d~ William J. Oramer, Vice President A ITEST: (CORPORATE SEAL) Before me, the undersigned authority, this day personally appeared William J. Gramer to me well known and known to me to be Vice President of the Corporation named in the foregoing Agreement, and he severally acknowledged to and before me that he executed said Agreement on behalf of and in the name of said Corporation as such officer; 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 he is duly authorized by said Corporation to execute said Agreement and that said Agreement is the free act and deed of said Corporation. \~ WITNESS WHEREOF, I have hereto set my hand and affixed my official seal this 2-9'~ day of ~~ , A.D. 1999. .- ~ ~'-' ub]ic in and for the County and State aforesaid. My Commission Expires: TONDA D. CANNAVINO MY COMMISSION' CC 646360 EXPIIlE8: Aprtl!, 2000 Bonded lIlN NDlaIY PlIbIIo .......... 'i."~.'---_~"1<-,"~'."':"'_-__~___. t N;O.~([8)~ f f A0..... 1'" , ~ '" i'\ L 7 :.....' i ~ 4- . l ~~r' f ~~~..-"y.;z:..."", .......-__~T;;:;........_: Page 2 of 2 ATfACHMENT A SCOPE OF SERVICES FOR SUPPLEMENTAL AGREEMENT TO CONSULTING ENGINEERING SERVICES AGREEMENT FOR PINE RIDGE ROAD C.R. 896 [C.R. 31 - 1-75] PROJECT NO. 60111 Supplemental Agreement No.6 March 17, 1999 DESCRIPTION This scope of services defines the task assignments that CH2M HILL will perform as part of Supplemental Agreement No.6 for the widening of Pine Ridge Road between Airport-Pulling Road and Logan Boulevard. This scope of services specifically addresses the temporary signal design for Whippoorwill Lane, additional signal design tasks, and signal re-timing for Pine Ridge Road. SCOPE Task I Temporary Signal Design at Whippoorwill Lane A complete signal design package will be prepared for a temporary signal at Whippoorwill Lane. The temporary signal will be designed with concrete strain poles and span wire, and the poles will be located so as not to interfere with the ultimate geometry of Pine Ridge Road. The plan will be prepared in accordance with Collier County standards at a scale of 1" = 20' on 22" x 34" plan sheets, showing known underground/overhead utilities, details of the location and type of traffic signal display and support structures, location of controller, loops, conduit and pull boxes, and details of the proposed signal operation characteristics such as signal phasing, phase timings and loop connections. Intermediate review submittals will made on half size plans (11"x 17" at a scale of 1" = 40'). :' '-._ .,~..,.." .-....,.<,:r.<..~Y""".~.;.".."...-~~ prr23scp SA No 6 CH2M 031799.doc ~ r;.' , ~f,,{iJI.& t,:. APi~ 2 7 1[:0(; I " 4 i, "';o.,iv I ~~~I_,~ Attachment A Pine Ridge Road Supplemental Agreement No.6 Page 2 March 17, 1999 Additional detail sheets will include a General Note Sheet, Pole Detail Sheet, and Structural Detail Sheets. The geotechnical analysis that was previously conducted along Pine Ridge Road will be used for the structural design; additional soil borings and geotechnical investigations will not be conducted. A preliminary signal timing analysis will be conducted to coordinate the new signal at Whippoorwill Lane with the signals at 1-75, Napa Boulevard, and Vineyards Boulevard. Cycle lengths, splits and offsets will be collected at the intersections of 1-75, Napa Boulevard and Vineyards Boulevard; this information will then be input into TS-DRAFT, with the goal of fitting Whippoorwill Lane into the existing progression schemes during the morning peak, midday peak, afternoon peak and off-peak periods. Offset, split and force-off times for each timing pattern will be provided to the County for implementation. When the timings are installed, a field review will be conducted to assist Collier County staff in the fine tuning of the settings at Whippoorwill Lane. Additional Signal Design Complete signal plans will be prepared at the following locations along Pine Ridge Road: . Carillon Shopping Center entrance/YMCA . Kensington Park Boulevard/Baron Collier School . Livingston Road . Whippoorwill Lane . Vineyards Boulevard . Logan Boulevard The signal plans will be prepared in accordance with the widening of Pine Ridge Road and will be designed with mast arms. The plans will be prepared in accordance with Collier County standards at a scale of 1"=20' on 22" x 34" plan sheets, showing known underground/overhead utilities, details of the location and type of traffic signal display and support structures, location of controller, loops, conduit and pullboxes, and details of the proposed signal operation characteristics such as signal phasing, phase timings and loop connections. Plans for review will be submitted at a scale of 1" = 40' on 11" x 17" plan sheets. Additional detail sheets will include a General Note Sheet, Mast Arm detail sheets, and Structural Detail Sheets. ,- '"::" ;;:;)"C~,~:<ru) C~) .,.\,. (:) - . Prr23scp SA No 6 CH2M 031799.doc t Ar.<' l^^Q ~ I' K 2 7 ::;~i~ L~~~~~~,,~~_._. Attachment A Pine Ridge Road Supplemental Agreement No.6 Page 3 March 17, 1999 The geotechnical analysis that was previously conducted along Pine Ridge Road will be used for the structural design; additional soil borings and geotechnical investigations will not be conducted. An interconnect conduit plan will be prepared for the entire length of the project, from Airport-Pulling Road to Logan Boulevard. The interconnect conduit will be installed into the controller cabinet at Airport-Pulling Road; no additional work will be conducted at this intersection. Plans will be prepared at a scale of 1"=40', double stacked on 22" x 34" plan sheets, and will show the locations of the controllers, conduit, pullboxes and interconnect cable. Technical Special Provisions (TSP's) will be prepared for the interconnect cable and master controller. Close coordination will be conducted with Collier County staff to ensure the Plans and TSP's meet the requirements and expectations of Collier County. Interconnect cable (fiber optic) shall be installed in the conduit from Whippoorwill Lane to Logan Boulevard. During construction, three field reviews will be conducted to assist the County with inspections. Construction assistance will also include shop drawing review of all signal equipment. Signal Retiming Prior to construction start, a re-timing study will be conducted for a portion of the project, from Whippoorwill Lane to Logan Boulevard. The study will include data collection, analysis, implementation and fine tuning. Data collection will include collecting approach counts, turning movement counts, and all other information that will be required for the retiming analysis. Forty-eight hour approach counts will be conducted on each approach at each of the six (6) signalized intersections (Whippoorwill Lane, 1-75 Ramp (W), 1-75 Ramp (E), Napa Blvd., Vineyards Blvd., Logan Blvd.). This data will be reviewed to determine the peaking characteristics of Pine Ridge Road, and eight hours of turning movement counts will be conducted at each of the signalized intersections during the morning, midday and afternoon peak periods. Seven-day counts will be conducted at two locations along Pine Ridge Road. This data will be used to determine weekend peaking characteristics, and three hours of turning movement counts will be conducted on a Saturday and Sunday. A field review will be conducted to obtain information such as side street speed limits, distance between signalized intersections, any mid-block traffic generators along Pine Ridge Road, and to identify areas where delays, queuing and cycle failures are occurring. Once the data collection is complete, the retiming analysis will begin. The first step will be to identify the number of timing patterns that will be developed. A minimum of five (5) weekday timing patterns shall be developed (6:00-7:30,7:30-12:00, 12:00-5:00, 15:00-18:30, 18:30-24:00). Timing patterns for Saturday and Sunday shall also be developed ~tiIll.e-~p~,--:- I NO. 'rl;(i3)C3~ I I l,pp ") 7 FQq Prr23scpSANo6CH2M031799.doc ~o3/:fal99' l.. .......... ~> Attachment A Pine Ridge Road Supplemental Agreement No.6 Page 4 March 17, 1999 will be determined after seven day counts are obtained). A cycle evaluation analysis using TRANSYT-7F will be conducted for each timing pattern to determine the optimal cycle lengths. TRANSYT-7F wilJ then be run at the optimal cycle length for each timing pattern to optimize the side street and left turn split times. The cycle and split information will then be imported into TS-DRAFf, which will be used to optimize the offsets of each intersection for each timing pattern with the goal of providing the best progression along Pine Ridge Road. Finally, a TRANSYT-7F simulation analysis will be conducted for each of the timing patterns; this analysis will be reviewed to ensure that there are no saturated links, and the analyses will be revised as necessary to minimize vie ratios and eliminated saturated links. Once the timing analysis is complete, a copy of the database software will be obtained and modified as necessary to accommodate the new timing patterns. The timings will then be downloaded into each of the local controllers. Each intersection will be observed for each time of the day plan to ensure that no malfunctions occur, and fine tuning of Pine Ridge Road will begin. Fine tuning will be conducted by first verifying that the timing patterns are being activated at the proper time, and that the proposed cycle lengths, splits and offsets are correct. Several floating car runs will then be made to compare the operation of the control section to the predicted operation shown on the time-space diagram. Progression along Pine Ridge Road will be reviewed and side street delay and queuing will be observed to ensure that adequate split time has been provided and that the offsets provide good progression. Signal system timings will be submitted in a brief design report. The operation plan will have timings for Monday through Friday as well as separate timings for Saturday, and Sunday as may be required. Controller timings shall include movement diagrams with each movement on a separate page and shall include percent and diagram of green band Structural Design Structural design will be performed on the mast arms. The design calculations will be prepared for three different pole/mast arm configurations. Shop drawings will be reviewed. Geotechnical Investigation Additional geotechnical investigations will not be performed. Signal pole design will be based on existing geotechnical borings. FEE - The total lump sum fee for work described above is $108,991. 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""'L ~ ~~._~.-.,tj <- r2t ...,.,-....., EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. 2 (FINAL) TO CONTRACT NO. 98-2845, BLUEBILL PARK BUFFER PLANTING. OBJECTIVE: To obtain appro~al of Change Order NO.2 (final) to enable close out of Contract No. 98-2845, Bluebill Park Buffer Planting. CONSIDERATIONS: On October 6, 1998, the Board of County Commissioners awarded Contract No. 98-2845 to Hannula Landscaping, Inc. in the amount of $69,260.00. As a result of the inspection for substantial completion, the following items are considered necessary to provide satisfactory completion of this project: 1. Adjustment of material quantities to account for as-built conditions. 2. Provide additional plant material and irrigation to restore area south of the original buffer area. 3. Repair damage to the irrigation filter due to no fault of the contractor. Change Order NO.2 has been prepared for this purpose, resulting in the following contract figures: Original Contract Amount Sum of Previous Changes This Change Order Amount Revised Contract Amount $69,260.00 5,310.00 4,955.77 79,525.77 FISCAL IMPACT: Sufficient funds have been appropriated and are available in the Tourist Development Fund 195 for this purpose. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: 1. Approve Change Order No.2 (Final) to Contract No. 98-2845 in the amount of$4,955.77, and 2. Authorize the Public Works Engineering Department Director to execute the Change Order. N~~'t~)~ APR 2 7 1999 Pg. / ,-- Executive Summary April 27, 1999 Page 2 PREPARED BY: /~~ Harold E. Huber, Project Manager III Public Works Engineering Department REVIEWED BY: Y/J~L effBibby, P.E., Director Public Works Engineering Department APPROVEDB~ Ed I1sc ner, Director Public Works Administration HEH/lh.ex.sum.BluebiIIParkButferPlanting cc: Wilson, Miller, Barton & Peek, Inc. Hannula Landscaping, Inc. -""- Date: f./r.99 Date: 7';/1';l;! Date: 4//~t?t:f Ir:;':~ff:1~3Bj. 1 APi-< ') -I: . i ~ 1_ r ",.. " \ I pc. __~___..___ f -",~~~:""""'.'I;..~.'II1t,~.w"_,'''''.~',,-,~,,,,-,_~ EXECUTIVE SUMMARY APPROVE PINE RIDGE ROAD RIGHT-OF-WAY ACQUISITION APPRAISAL AGREEMENT OBJECTIVE: To enter into a professional services agreement with an independent real estate appraisal firm for the preparation of compensation estimates (appraisals) required for the acquisition ot right-ot-way necessary for the six-Ianing of Pine Ridge Road between Airport Road and Logan Boulevard. CONSIDERATION: All 8 pre-qualified eminent domain real estate appraisers on the Board's Approved Appraiser List were invited to submit proposals for Pine Ridge Road appraisal project. Real Property Analysts was the low bidder, and based upon past performance, and the workload of the other respondents, was selected tor the Pine Ridge Road project (CIE No. 41). rr::v, FISCAL IMPACT: Barring the addition or deletion of parcels to the appraisal assignment, the appraisal \ 'J' tees for original appraisal reports (reference Exhibit "A") total $29,950. In addition, the Appraisal . Agreement provides for updated appraisals at a traction of the cost ot the original appraisal report. It also provides for hourly payments tor litigation related services associated with condemnation. Total expenditures under the term of the agreement are estimated to be roughly $47,500. Appraisal fees tor the Pine Ridge Road Right-ot-Way Acquisition project are budgeted and funded trom Road Impact Fee District One (Fund No. 331). ,- GROWTH MANAGEMENT IMPACT: As an approved CIE project, approval and execution of the Pine Ridge Road Appraisal Agreement is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, authorize its Chairwoman to execute the Pine Ridge Road Appraisal Agreement on behalf ot the Board, and approve payments to the appraisal firm in accordance with the terms of said agreement. PREPARED BY: DATE: 4,5.. rf and Valuation Coordinator 1Wl REVIEWED BY: ~ ~.~ Micah Mass~.E., Project Manager DATE: ?'A-/9? REVIEWED BY: ~/J).~l~ DATE: 4"/t /97 eft Bi by, P.E., Direct" r, Public Works Engineering Department APPROVEDB~~-, DATE:i"/~ Ed IIschner, Public Works Administrator .N>~. r:;:'i~llf0 APK" 'j 7 l;~C;q '- . _"v"",,, I PG..__.I____ , ~,,,.^/.l;>..."_~.,~:lfL~,...,_~.'l''''', EXHIBIT "A" APPRAISAL FEE AND PREPARATION & DELIVERY SCHEDULE PINE RIDGE ROAD APPRAISAL AGREEMENT PCL. NO. PURPOSE OWNER FEE DA YS** 701 * TDRE YMCA of Collier County $750 28 102 R/W Gerace $1,000 42 702 TDRE Gerace $300 42 104 R!\\T Collier County School Board $1,050 49 704 * TDRE Collier County School Board $350 49 (Barron Collier High School) 106 R/W Community School $1,000 49 706 TDRE Community School $300 49 108 R/W Naples Progressive Gymnastics $1 ,000 49 708 TDRE Naples Progressive Gymnastics $300 49 109 R/W 1. D. Burt Company $850 35 110 R/W Northside Construction, Inc. $850 35 (Pine Ridge Nursery) 111 R/W Pine Ridge Golf Center, Inc. $1,050 42 811 DE Pine Ridge Golf Center, Inc. $300 42 112 R/W Grant $1 ,000 42 712 TDRE Grant $300 42 11J R/W JanH.~ COlosimo, Trustee $950 28 (Cambridge Square PUD) 114 R/~7 NOlih Naples Fire District $850 28 715 '" TII.n:tE Kensington Park $7'50 ?,l lIt! R/W Craparo $850 2;S 118 R/W Pine Ridge Center West PlJ\) $850 ",",' -,} . " L - , Pine Ridge Road Appraisal Fee and Delivery Schedule Page 2 PCL. NO. PURPOSE OWNER FEE DA YS** 119 R/W J ames Colosimo, Trustee $950 28 (Naples Gateway PUD) 120 R/W Pine Ridge Center PUD $850 28 123 R/W Myers $850 28 124 R/W Ronald Ragge, et al $850 28 125 R/W Racetrac Petroleum $1 ,1 00 42 126 R/W C. E. Love, Inc. $850 42 (Mobil Gas Station) 127 RJW Brine $850 42 128 RJW Crossroads Market $1,000 28 129 RJW Breeski & Beyrent $950 35 132 RJW Frank Clesson & Sons, Inc. $850 42 135 RJW Frank Kraylic, Trustee $850 42 136 RJW Ragge & Brine $850 42 137 RJW Procacci $850 49 138 R/W Vineyards Development Corp. $1,100 49 ',9 RJW Seventh Day Adventists $850 35 R/W Purpero & Cali $850 35 R/W H uszti $850 35 'ar Days After Receipt of Notice to Proceed / Work Order ~",~"""""'""U,:,.,,,.....r-.-..~............_.,",,"'''''_~r."I.._ " NO .~~?t-[~).[s) I APi~ 2 7 1(:oQ ~ ~ ""',," J PG....3 ' I,~~.=.~.~:;;;:;;;;;~,",,=~ PINE RIDGE ROAD APPRAISAL AGREEMENT THIS APPRAISAL AGREEMENT entered into this _ day of , 1999, is by and between 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, and REAL PROPERTY ANALYSTS, a Florida general partnership (hereinafter referred to as "Appraiser"), whose mailing address is 1000 South Federal Highway, Deerfield Beach, Florida 33441. WHEREAS, County has provided Appraiser with right-of-way maps dated December 5, 1998, showing the right-of-way parcels required for the six-Ianing of Pine Ridge Road from Airport Road to Logan Boulevard (hereinafter referred to as the "Project"); and WHEREAS, County provided Appraiser with a list of the right-of-way parcels for which County has an immediate need for appraisals, and requested that Appraiser submit a fee quotation and proposal for the development and reporting of appraisals needed for the Project; and WHEREAS, on March 1, 1999, Appraiser submitted a fee quotation and proposal for the development and reporting of appraisals needed for the Project; and WHEREAS, County has accepted Appraiser's proposal for the development and reporting of appraisals needed for the Project; and WHEREAS, Appraiser and County acknowledge that evolving roadway and drainage design, as well as evolving legal opinions concerning the entitlement to road impact fee credits in exchange for the mandatory dedication of right-of-way, may result in additional appraisal assignments, and that as new development continues along the Pine Ridge Road corridor, some parcels may become improved and necessitate a change in Appraiser's Scope of Work, and a change in the proposed fee for the services. NOW, THEREFORE, in consideration of the mutual promises and benefits contained and contemplated herein, County and Appraiser hereby agree as follows: 1. ASSIGNMENT - For each parcel listed on Exhibit "A" (and for any parcels which may be added to this assignment), Appraiser shall provide to tHe County a written narrative appraisal report which sets forth Appraiser's estimate of compensation due to the record title holder of the parcel, a portion of which is required for the construction of public roadway, drainage, and/or utilities improvements. Compensation estimates shall include an estimate of the market value of the interest in real estate sought by the County, an estimate of severance damages to the remainder property (if any), as well as an estimate of any special benefits accruing to the remainder property either by reason of the taking or the construction of the public improvements. Estimates of compensation for each interest acquired from a single parent tract shall be set forth individually but contained within a single written appraisal report. Additionally, where all or a portion of a structure is located on the real estate being acquired by County, Appraiser shall include the following information in the narrative description of the property: [a] a statement as to the character (residential or business) of the structure's occupant(s); [b] the name(s) of the occupant(s); and [c] a statement as to the legal status of the occupant (tenant with or without lease, owner-occupant, etc.) parent tract shall be set forth individually but contained within a single written appraisal report. County may add appraisal reports to this Assignment by issuing Work Orders to Appraiser confirming the type of appraisal required for each parcel and the fee to be paid therefor. --- 2. STANDARDS AND REQUIREMENTS - Appraiser's written report shall conform to all applicable standards as set forth by the Uniform Standards of Professional Appraisal Practice (USPAP). 1999 Edition (The Appraisal Foundation) governing the preparation and communication of complete appraisals. Appraiser's written report shall also conform to "Collier County Supplemental Standards" (a supplement to the Uniform Standards of Professional Appraisal Practice), as set forth in Exhibit "8", attached hereto and incorporated herein by reference. r-.",..rnn,,,,., ",:",-~""__."_.,,,, i . . ~"I'" '(d)' "n~ ; " Nu. S" ~ I r~~"'~ - ~ ." r ,'. 1: A"i" '7 I' ',' ,> ~ " L. t ~-'.::;..) ~. j PG, Lf.' ~ k,~"........~~;""I':;;"':'-:';';;:-:;'- ;:,,~."~~7;;~~ ...--r~) Appraisal Agreement Page 2 3. DUE DATE - Upon approval of this Agreement by the Collier County Board of County Commissioners, County shall issue a Work Order to Appraiser. Following receipt of the Notice to Proceed, Appraiser shall submit an unbound, uncertified, draft photocopy of the appraisal report(s) to County for review in accordance with the schedule set forth on Exhibit "A.". Within one week following notification from County that the draft appraisal is accepted and approved, Appraiser shall provide to County three (3) written appraisal reports, each with original signature and color photographs. 4. INVOICING AND FEES - Unless the provisions of paragraph 6 are invoked regarding alterations in the scope of work to be performed, the fees as set forth on Exhibit "A" shall be paid to Appraiser by County following complete review of the written appraisal report(s), or if required, following receipt from Appraiser of appropriate substantive and factual corrections which may be requested by County. The hourly rate payable to the Appraiser by the County for required and/or requested expert witness testimony, attendance at mediation and/or court hearings, trial appearances, pre-trial preparation, preparation of court exhibits which are not already a part of the appraisal report, and for time spent in authorized travel shall be $115. The hourly rate for the services of an associate appraiser, employed by the Appraiser, for the above-referenced litigation-related services, which may be required or requested by the County, shall be $75. Such hourly rates shall be full compensation for services and expenses in connection therewith, except for the expenses of travel specifically authorized by the County in advance, in writing, and in accordance with the provisions of Section 112.061, Florida Statutes. The time reported by the Appraiser to perform specific work related to litigation is subject to final approval by the County Attorney, or by an attorney employed by and representing the County. Appraiser's invoice must contain a description of the service provided, project and parcel number (or name), and the amount of fee payable. Appraiser shall maintain documentation for all fees charged under the terms of this Agreement for a period of not less than three years from the date of the final invoice for appraisal services rendered relative to the Property. The fees set forth on Exhibit "A" include compensation for the services of any and all subcontractors and sub-consultants. Any and all such subcontractors and sub-consultants used by Appraiser shall be in a contractual relationship with Appraiser. 5. UPDATES AND REVISIONS - Upon request made by County within one year of the date of value as set forth in the Certificate of Appraisal, Appraiser shall provide a written update of the original appraisal report. Written appraisal updates may be communicated in letter form with recertification as to compensation due the property owner; but must contain or include as exhibits all new information not contained either in the original appraisal report, or any previous updates, upon which the Appraiser's conclusions are based. Appraiser shall also prepare revised appraisal reports at the request of County to coincide with changes in the size or configuration of the property to be acquired, and/or changes in the interest in real property sought by County. 6. FEES FOR UPDATES AND REVISIONS - Fees charged by the Appraiser for providing written appraisal updates for between one (1) and five (5) parcels within one year of the date of value set forth in the original appraisal report (as above) shall be established by mutual agreement between the parties to this Agreement; but shall not exceed seventy five percent (75%) of the fee as set forth on Exhibit "A" for preparation of the original appraisal report for the Property. Fees charged by the Appraiser for providing written appraisal updates for between six (6) and ten (10) parcels within one year (of the date of value set forth in the original appraisal report (as above) shall be established by mutual agreement between the parties to this Agreement; but shall not exceed sixty percent (60%) of the fee as set forth on Exhibit "An for preparation of the original appraisal report for the Property. Fees charged by the Appraiser for providing written appraisal updates for more than ten (10) parcels within one year of the date of value set forth in the original appraisal report (as above) shall be established by mutual agreement between the parties to this Agreement; but shall not exceed fifty percent (50%) of the fee as set forth on Exhibit "A" for preparation of the original appraisal report for the Property. In those instances, however, where the elements of vah.-!,e'oftoo.,," '-." '-'..n~~_.. i ~;;. ".1~{(31(~1 ~ " APr~ 'i 7 1";', '~.~:~;,-~:~~:4:~;'~'~;~ Appraisal Agreement Page 3 ,- parent tract have changed significantly, fees charged by the Appraiser for providing written appraisal updates shall be established by mutual agreement between the parties to this Agreement prior to commencement of any work, and shall not be subject to the percentage limitations. It is hereby understood and agreed to by the parties that revisions to project plans and legal descriptions, and/or modifications in the interests in real property sought by County, can significantly alter the appraisal assignment and scope of work required of Appraiser. It is further understood and agreed to by the parties that when said revisions alter Appraiser's scope of work, any increase in service fees charged by Appraiser must be approved in advance by County before any additional work shall commence. This provision shall extend to the addition of appraisal assignments by County (Le., additional and/or "split-off' parcels to be appraised.) 7. UPDATE DUE DATES - Due dates for the delivery of written appraisal updates shall be established l)y mutual agreement between the parties to this Agreement. 8. COMPLETION / CORRECTION - If a substantially completed written appraisal report (original) is delivered to County by the due date, or by a date mutually agreed upon, but which report fails to comply with the USPAP, or which report contains errors or omissions from within either the body or the addenda, Appraiser shall, within fourteen (14) calendar days from the date of notification by County, furnish such corrected and/or additional pages which will bring the appraisal report into compliance with the USPAP and/or correct such errors and omissions (if any). No penalty for late performance will be charged against the Appraiser within said 14 day period. Nor shall Appraiser charge County any additional fees for bringing written appraisal reports into compliance with the USPAP, for correcting any errors, or for providing previously omitted materials. 9. LA TE PENALTIES / EXTENSIONS FOR CAUSE - It is acknowledged that time is of the essence, and that the following schedule shall govern the assessment of penalties for late performance: (a) In the event that the written appraisal report containing the estimates, opinions and conclusions referenced in Section 1 of this Agreement, is not completed and submitted to County in accordance with the due date as set forth in Section 3 of this Agreement; then County at its discretion may reduce the fee payable to Appraiser, as set forth in Section 4 of this Agreement, by seven percent (7%) for each week, or portion thereof, for every week the written appraisal report is past due; or (b) In the event that circumstances beyond the control of Appraiser cause completion of the written appraisal report to be delayed beyond the due date as set forth in Section 3 of this Agreement, and prior to said due date there is a mutual understanding between the parties to this Agreement that such delays were beyond the control of Appraiser, County may issue an extension of the due date without penalty. Said extension shall cite the reason for delay in completion of the appraisal report and shall set a new due date for submission of the report. 10. CONTRACT ADMINISTRATION - The Real Property Management Department Director or the Director's designee (hereinafter referred to as "Contract Manager"), shall be responsible for ensuring performance under the terms and conditions of this Agreement. 11. MEETINGS - Appraiser shall meet with the Contract Manager to discuss the appraisal (and/or updated appraisals) of the Property. Time(s) and place{s) of meeting{s) shall be established by mutual agreement of the parties to this Agreement. ~ ric..:_l~{e)(5) 1/~IJj\"\71"; r '-'- ...,t..... ~ PG. t l._""Lt~~...~~';.;-;:;;7",,-;~.~-:-:~:.~_.J Appraisal Agreement Page 4 12. CERTIFICATE OF APPRAISAL - The Certificate of Appraisal shall be signed by Joseph F. Miller, ASA. In addition, at the discretion of Appraiser, one (1) associate appraiser, either working in a contractual relationship or as an employee of Appraiser, is hereby authorized by County to sign the Certificate of Appraisal. All persons consulted by Appraiser in the making of appraisals under the terms of this Agreement must be properly identified in the written appraisal report(s). 13. CONFIDENTIALITY - Appraiser shall neither discuss nor divulge the contents of the written appraisal reports relating to the Property with anyone without the approval of the Contract Manager. Further, Appraiser shall save harmless the County from all claims or liabilities, including court costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or employees, and shall not engage in any business transactions involving any of the properties appraised under the terms and co~ditions of this Agreement for a period of one year from the date of valuation of the latest appraisal, or updated appraisal, of any of the Property. 14. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT - By the execution of this Agreement, Appraiser warrants that it has not employed, retained, paid, or agreed to pay, any company or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon, or resulting from, the award or making of this Agreement. Appraiser further warrants that no part of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, compensation, or gift in exchange for acting as officer agent, employee, subcontractor, or consultant to the Appraiser in connection with any appraisal work performed or contemplated under the terms of this Agreement, without prior County approval. Appraiser further warrants that there shall be no transfer or assignment of any part of this Agreement, except by the written approval of the Contract Manager. For breach or violation of this warranty County shall have the right to terminate immediately this Agreement without financial obligation, or to pursue any other available remedies. 15. WORKERS' COMPENSATION INSURANCE - Appraiser shall provide coverage for all of its employees as required by the State of Florida Workers' Compensation Law. Said coverage shall be for statutory limits in compliance with applicable state and federal laws. The policy shall include employer's liability with a minimum limit of $100,000 each accident. 16. GENERAL LIABILITY INSURANCE - Appraiser shall maintain during the term of this Agreement comprehensive general liability coverage, including bodily injury and property damage, in an amount not less than $300,000 combined single limits. Collier County shall be named an additional insured on said policy. 17. AUTOMOBILE INSURANCE - Appraiser shall maintain business auto liability insurance coverage with minimum limits of $300,000 per occurrence, combined single limits for bodily injury and property damage liability. This shall include owner vehicles, hired and non-owned vehicles, and employee non-ownership. Collier County shall be listed as an additional insured on said policy. 18. INSURANCE UNDERWRITER RATING - All insurance policies required in Paragraphs 16 and 17 shall be issued and written with a company, or companies. authorized to engage in general liability and public liability insurance in the State of Florida, authorized to do business in the State of Florida, and which company, or companies, hold no less than an "A" rating as to financial strength as reported in Best's Key Rating Guide, published by A. M. Best Company, Inc. 19. INSURANCE CERTIFICATES - Appraiser shall deliver to the Contract Manager, prior to the appraisal of the Property, those certificates of insurance which clearly indicate compliance with the insurance requirements of this Agreement. f'"..".,~~ X~"'"<-,~ ""~~. " ,."'C~_. i ~{0. .:1("L8 )l~- i ~ Ain'l{ --:; 7 l' :: "', ~ t l- t.... .., '..' , i PG.__l___M'" if~-l'~-_"''''<:>.N.r..~-...:=. :\-"'~~,r: ';.-,-.-,,-:,,:-:~:.;:::~~....... Appraisal Agreement Page 5 20. INDEMNIFICATION - Appraiser shall indemnify, hold harmless and defend the County, its agents and employees from all suits and actions, including attorney fees and all costs of litigation, and all judgments of every name and description, brought against the County as a result of loss, damage or injury to persons or property by reason of any act, or failure to act, by Appraiser, its agents or employees. 21. PUBLIC RECORDS - Appraiser acknowledges that the written appraisal reports, including the materials contained in their addenda. which shall prepared under the terms of this Agreement, shall become the property of County, and that County may disclose the information contained therein at its discretion, and in accordance with the provisions of Chapter 119, Florida Statutes. Further Appraiser acknowledges that County may terminate this Agreement should Appraiser refuse public access to all documents, papers, letters, or other materials made or received under the provisions of this Agreement. 22. TERMINATION - This Agreement, or any portion thereof, may be terminated by the parties by providing written notice to the other. Appraiser shall be entitled to receive just and equitable compensation for any satisfactory work completed prior to such termination. 23. NONDISCRIMINATION - No person on the grounds of handicap, race, color, religion, sex or national origin will be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of this Agreement. or in the employment practices of Appraiser. Appraiser shall. upon request, show proof of such nondiscrimination, and shall post in conspicuous places, available to all ~mployees and applicants, notices of non-discrimination. ! 24. INTERPRETATION AND CONSTRUCTION - This Agreement shall be governed by, and construed in accordance with, the laws of the state of Florida; and this written Agreement constitutes the entire agreement between the parties, and there are no other prior or contemporaneous, oral or written agreements, understandings or promises related to the Assignment. This Agreement may be modified only by written amendment executed by all the parties hereto. 25. NOTIFICATION - All notices shall be given in writing to the parties at the following addresses: As to County: As to Appraiser: Real Property Management Department Eighth Floor, Bldg. "F" 3301 Tamiami Trail East Naples, Florida 34112 Joseph F. Miller RPA of South Florida, Inc. 1000 South Federal Highway, Suite 202 Deerfield Beach, Florida 33441 r ''';:-:~:';lfa -(~I(~) .-. ! APl~ 2 7 C:J ; 1~<h!2:;-;::;;~l~=-:;:;:;:;;~.;:;;. .__~ Appraisal Agreement Page 6 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. AS TO COUNTY: ATTEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida By: Deputy Clerk By: ,,_, Pamela S. Mac'Kie, Chairwoman AS TO APPRAISER: Approved as to form and legal sufficiency: ~04 JA~ Heidi F. Ashton Assistant County Attorney r"~"~""~""<< .....--.. I ,,~j~(8)(s) : ~ A(I\ l I " , P(<.~._.~1__ ' y.....~..;,,~.-. ....,-.."'.."--.-.. ....-,~- ". ,~:.. -~ ....~- EXECUTIVE SUMMARY ~' APPROVE AGREEMENTS WITH PERFORMERS FOR JAZZ FESTIVAL. Objective: That the Board of County Commissioners approve the agreements with Tom Scott and Warren HiH for a performance at the second annual Royal Palm Jazz & Arts Festival. Consideration: Tom Scott and Warren Hill will headline the second annual Royal Palm Jazz & Arts Festival on Saturday, May 8,1999. The County will provide the standard arrangements of the music industry while the performers are in town. These terms include living arrangements and meals, provisions to provide staff to assist with construction and tear down of the stage, as well as special technical details such as special lighting arrangements. Many area businesses will provide accommodation amenities through in-kind donations. The Board of County Commissioners previously budgeted and approved $20,000 for the Jazz & Arts Festival performers. The event will also feature local and regional jazz performers along with food and beverages through out the day. Growth Management: None ,- Fiscal Impact: Expenditures are budgeted in the General Fund in the amount of $20,000 for the performers, but will be offset by anticipated revenue of $21,000 from ticket and concession sales. The enclosed agreements will cost the County $l6,500 due the night of the performance. The remaining funds will be utilized towards the special arrangement cost of providing lighting and staging etc. Recommendation: That the Board of County Commissioners authorize the Chairwoman to execute said agreements. Prepared bY:~ '\)~a J n Dunnuck, OperatIOns Coordmator Department of Parks and Recreation Date: jjff/79 Reviewed and Approved by: Date: tj- If - f9 . ar a Ramsey, Director Department of Parks and -.... ReViewedand~~ Approved by: Thomas W. Olliff, Adm ator Division of Public Services Date:~ AQ.ndt (~fft No. I I APR 2 7 1999 PQ.--L- ~O.w.r -- Performers of the World, Inc. 8901 Melrose Ave Second Floor West Hollywood, CA 90069 Phone: (310) 205-0366 - Fax: (310) 205-0365 Rider and "Addendum A" Attached Hereto Hereby Made Part of this Contract AGREEl\IENT made March 21. 1999 between Warren Hill (hereinafter referred to as "PRODUCER"), furnishing the services of Warren HilI (hereinafter referred to as "ARTIST"), and Board of Collier County Commissioners/Dwight Brock and Collier County Parks and Recreation DeptJPeg Ruby (hereinafter referred to as "PURClL..\.SER"). It is mutually agreed between the parties as follows: The PURCHASER hereby engages the PRODUCER and the PRODUCER hereby agrees to furnish the entertainment presentation hereinafter described, upon all the terms and conditions herein set forth, including those on the addendum entitled "Additional Terms and Conditions." I. DATE(S) Al\'D PLACEtS) OF ENGAGEl\IENT AND TICKET SCALING: Sat, May 8,992:00 PM Sugden Regional Park Capacity: Outcr Drive Merch. Rate: Naples, FL 00000 Phone: U.S.A. Fax: "ricke-t' Pric'es''''''..'.....- .'SeaiS.'.... -.......,....... "Price Advance 10000 $3.00 Day Of Show 0 $5.00 10000 0.00% (941) 793-4414 Currency: Exchange Rate: Gross Potential: Taxes: Deductions: Net Potential: U.S. Dollars 1.0000 $30,000.00 0.00% $0.00 $0.00 $30,000.00 2. ADV Ai'\'CE INFORl\IA nON AND BILLING: Billing: 100% Co-Headline Billing (Warren Hill) Sound Check: On Stage: 5:00 PM Set Length: 60 mins. 3. FULL PRICE AGREED UPON: $6,500.00 flat guarantee. Purchaser shall provide and pay for first class sound and lights and backline equipment per Artists' rider. Purchaser shall provide and pay for one night oChotel accommodations for the touring party. Artist to be paid full guarantee weather conditions notwithstanding. Artist to perform immediately prior to Tom Scott. Production Contact: J.C. Productions 941 455-7287. 4. PAYMEl\T SCHEDULE: All payments shall be paid by PURCHASER in U.S. funds by CERTIFIED or CASHIER'S CHECK, or CASH, and shall be paid to and in the name of PRODUCER'S agent, Performers of the World, Inc., as follows: $;;::!5n <h"1I hp r"iiJ notlal0r than ApriJ-r,1999':' (.2~ The lCI11aillin~lance oftfu;:Btlftl'tlfllt'p, in thP-aJOOtmt-of-$J,250 3hall be "aid LU "lid ill Un; lIamt:vf-PRGDUCER,--WtuTen-Hillr-l1oWawr-t.ll.an.immema~ior tcrth~ first pertormance. p~ DO liamed-)'ereefttagcr,o"erage~f-b~if-upp~Q-b" paid to the PRODmll.4n..GA-SH-GN~9WatGr4an-inunedi1ltely-fu~ini the last'llho+1C. In the event the FULL PRICE AGREED UPON to be paid by PURCHASER does not include percentages, overages, and/or bonuses, and the actual gross box office receipts from the engagement exceed the gross potential as stated in paragraph I. hereinabove, such amounts shall be paid in full to PRODUCER in CASH ONLY, immediately following the last performance. IN WI1NESS WHEREOF, the panies hereto have hereunto set the names and seals on the day and year first written above. Additional terms and conditions contained in addendum entitled" Additional Terms and Conditions." / By: Pamela S. Mac'Kie Title: Chairwomen ~~ Dated: Board of Collier County Commissioners Collier County, Florida By: Return all signed contracts to Performers of the World, Inc. Copyright 1997 Performers of the World, Inc. All rights reserved. AQend I No. A P R *tt~tiJ~~P Bro p 9 . CZ:::. Offer #27 Dwight E. Brock, Clerk Additional Terms and Conditions 1. Rurchaser sh first pply any . w1thout an deductio pr tat" n. the event the pa)'TI1ent to Producer shall be ased in whole or in part on receipts of the performance(s) hereunder, Purchaser agrees to deliver to Produ state of the gross receipts of each performance with in two hours following such performance. In the further event that the pa)'TI1ent ofP r s share ofsaid performance eceipts is based in whole or in part upon expenses related to the engagement, Purchaser shall verify by paid receipts celed check or similar documents all such es or they shall not be included as an expense of the engagement. Producer shall have the right to e a representative present in the box office at all times and such repr ive shall have access in box office records of Purchaser relating to gross recei this engagement only. 3. Purchaser agrees to furnish at its own expe the date and at the time of the performance(s) above me . fie , all that is necessary for the proper presentation of the entertainment presentation, including a suitable theat, or auditorium, well heated, lighted d in good order, stage curtains properly tuned grand piano or pianos and public address system in perfect working condition I ing microphone' m er and quality required by Producer, dressing rooms, all necessary electricians and stage hands, all lights, tickets, house programs, alllicens' ing musical performing rights licenses), special police, ushers, ticket sellers, tickets takers, appropriate and sufficient advertising in the principal news and Purch all pay all other necessary expenses in connection therewith. Purchaser will pay all music royalties in connection with Producer's use sic and in addition the costs 0 musicians (including contractors) other than those furnished by Producer as part of Producer's regular compan c aser agrees to pay all amusement taxes. Purch rees to comply with all regulations and requirements of any unions that may have jurisdiction over of the said materials, facilities and personnel to be furnished by Pu r and Producer. Purchaser agrees to comply promptly with producers dir . s as to stage settings for the performance hereunder. If producer so requires, Purchase . furnish as its expense all necessary facilities, electricia age hands and other personnel for lighting and dress rehearsals. Purchaser shall fumish at his own expen ther items and "," personnel(i mg but not limited to any and all personnel including musicians, as may'be required by any national or local unions) reqUl ~ proper "W pres" Ion of the entertainment presentation hereunder, and any rehearsals therefor, except for those items and personnel which Producer herein s~- urnish. 4. Producer shall the sole exclusive control over the production, presentation and performance of the engagement hereunder, including but not limited to the details, means and methods of the performance of the performing artists hereunder, and Producer shall have the sole right as Producer may see lit, to designate and change at any time the performing personnel other than the Artists hereinafter specilically named. 5. Producer's obligations hereunder are subject to detention or prevention by sickness, inability to perform, accident, means of transportation, acts of God, riots, strikes, Jabor difficulties, epidemics, any act of any public authority or any other cause, similar or dissimilar, beyond Producer's control. 6. In the event of illness, strike, law, Act of God, governmental regulation or other force majeure occurrence, Producer is unable or is prevented from performing the engagement or any part thereof, Purchaser shall be obligated and liable to Producer for such proportionate amount of the payment provided for herein as may be due hereunder for any performance(s) which Producer may havS-{7gdered up to the time of the inability to perform by reason of such illness or force majeure occurrence. 7. Not withstanding anything contained herein, ~me"t ,,~:1i'i1cr shall not be deemed to be a force majeure occurrence, and the Purchaser shall remain liable for pa)'TI1ent of the full contract price even if the performance(s) called for h.rein are llreyented-by-such weachcl cUlldiliull~-"p,roducer shall have the sole right to determine in good faith whether any such weather conditions shall render the performance(s) impossible, hazardous or unsafe. ~t- 8. Unless stipulated to the contrary in writing, Purchaser agrees that Producer may cancel the engagement hereunder without liability by giving the purchaser notice thereof at least thiny (30) days prior to the commencement date of the engagement hereunder. 9. The entertainment presentation to be furnished by Producer hereunder shall receive billing in such order, form, size, and prominence as directed by Producer in all advertising and publicity issued by or under the conlrol of tile Purchaser. 10, Producer shall have the exclusive riglll to sell souvenir programs, ballet books, photographs, records and any and all types of merchandise including, but not limite.. articles of clothing (i.e, T-shirts, hats etc.) posters, stickers, etc. on the premises of the place (s) of performance without any participation in the proceeds by Purchaser subject, however, to concessionaire's requirements, if any. II. Purchaser shall not have the right to record, broadcast, or televise, photograph, or otherwise reproduce the visual and! or audio performances hereunder, or any part thereof. Purchaser agrees that no performers other than those to be furnished by Producer hereunder will appear on or in connection with the engagement hereunder. It is understood that no stage seats are to be sold or used without Producer's prior written consent. Purchaser agrees that the entertainment presentation will not be included in a subscription or other type of series without the written consent of Producer. 12. In the event Purchaser refuses or neglects to provide any of the items herein stated, and or fails to make any of the payments as provided herein, Producer shall have the right to refuse to perform this contract, shall retain any amounts theretofore paid to Producer by Purchaser, and Purchaser shall remain liable to Producer for the agreed price herein, set forth. In addition, if on or before the date of the scheduled concert engagement, Purchaser has failed, neglected or refused to perform any conlract with any other performer for any earlier engagement, or if the linancial standing or credit Purchaser has been impaired or is in Producer's opinion unsatisfactory, Producer shall have the right to demand the pa)'TI1ent of the guaranteed compensation forthwith. If Purchaser fails or refuses to make such pa)'TI1ent forthwith, Producer shall have the right to cancel the engagement by notices to Purchaser to that effect, and in such event Producer shall retain any amounts theretofore paid to Producer by Purchaser and Purchaser shall remain liable to Producer for the agreed price herein set forth. 13. Nothing in this agreement shall require the commission of any act contrary to law or to any rules or regulations of any union, guild or similar body havingjurisdiction ovcr the services and personnel to be furnished by Producer to Purchaser hereunder and wherever there is any conflict between "any provision of this Agreement and any law, rule of regulation, such law, rule or regulation shall prevail and this Agreement shall be curtailed, modified, or limited only to the extent necessary to eliminate such conflict. 14. 1.rt I!." ",em 01 any illwllSi!>lency eetween !y,.:; I'rO,;5;01l5 of 61,} rilllrs, addlAll1l, eKRibits ar an) all.", allacnments hereto, the partlCS agree d.,,,Hh&i*"~v;<inns ~ f:w=~rti;nhaH conuol. f12- 15. Purchaser hereby indemnifies and holds Producer and Artist, as well as their respective agents, representatives, principals, employees, officers and directors hannless from and against any loss, damage or expense, including reasonable attorney's fees incurred or s]!,f!i:sed by or threatened against Producer or Artist or any of the foregoing in connection witl1 or as a result of :lJ.l:' claim fnr pcr<nn"1 ;nj"f)' or property da/lli8o:..dt""otMP.. ;J~ broug!it by or 011 behalf of any third party person, lirm or corporation as a result of or in connection with the engagement, which claim does not result from the active negligence of the Artist! and or Producer. i 6. 111is constitutes the sole, complete and binding agreement between the parties hereto. This agreement may not b<<i-f)1anged, modified or altered except by an instrument in writing signed by the parties, This agreement shall be conslrued in accordance with the laws of the State of~illllpplicable to agreements entered into and M wholly to be performed tPcrein. U~s~tipulated to the contrary in writing, all disputes arising out of this Agreement, wherever derived, shall be resolved in.J;.od.ol~tY ~ County in the State of~wccordance with the laws of that State; in the event any such dispute, either party may effect service of process on the other pany by c'Wified mail. return receipt requcsted, and said service shall be equivalent to personal service and shall confer personal jurisdiction on the courts in the State of~and shall be deemed effecti\'e upon the earlier of the recipient's mail return date or ten (10) days after the mailing of such process, provided that a duplicate of such process shall have been mailed to the other party by ordinary mail at the same time as the certilied mailing. Purchaser shall not have the right to assign this Agreement, or any provision thereof, but Producer shall have the right from time to time, and at any time, to assign its rights and! or delegate its oblig? hereunder, in whole or in part to any person, lirm or corporation. ~~ - ; 7. Nothin~ he:ein contained s~all ever be construed a., tQ constitute the p~ies hereto as a partn~~hip, or joint venture, ~or to make Producer Ii ble in \ ~~" . any obligation that fRay be Incurred by Purchaser, 111 Purchaser's carry1l1g out any of the prOVISIons hereof, or othermse. THE PERSON EX CU ( AGREEMENT ON PURCHASER'S BEHALF WARRANTS HIS AUTHORITY TO DO SO, ~9 bbldrtLln FOR TI-iE YA Y Ml:.N I or SAlO PKJCE: IN FULL. f:::tl... Art< l. ( l::t , 8. PERFOR..\1ERS OF TIlE WORLD, INC. (POW) acts only as agent for Producer and assumes no liability hereunder. R1- 2. PQ. ~O.w.r Performers of the World, Inc. 8901 Melrose Ave Second Floor West Hollywood, CA 90069 Phone: (310) 205-0366 Fax: (310) 205-0365 Contract Addendum "A" AGREEMENT made March 22, 1999 between Warren Hill (hereinafter referred to as "PRODUCER"), furnishing the services of Warren Hill (hereinafter referred to as "ARTIST"), and Board of Collier County Commissioners/Dwight Brock and Collier County Parks and Recreation Dept./Peg Ruby (hereinafter referred to as "PURCHASER"). 1. DATE(S) Al'iD PLACE(S) OF ENGAGEMENT AND TICKET SCALING: Sat, May 8, 99 2:00 PM Sugden Regional Park Capacity: Outer Drive Merch, Rate: Naples, FL 00000 Phone: U.S.A. Fax: 'Tick~-i j;;i~'e-s'" _..... -..' -. -.... - 'S~atS-" _m - - -........ - -. -. Price Advance 10000 $3.00 Day Of Show 0 $5.00 10000 0.00% (941) 793-4414 Currency: Exchange Rate: Gross Potential: Taxes: Deductions: Net Potential: U.S. Dollars 1.0000 $30,000.00 0.00% $0.00 SO.OO $30,000.00 2. FULL PRICE AGREED UPON: $6,500.00 nat guarantee. 3.1 iXPENSES: Total Fixed Expenses: so.oo 4. VARIABLE EXPENSES: YUKl..,;t1A~J::.l" undc;l':'~a.JlaJ thAt PV rlnr rrb'f? hnl: TPlip.rll1pnn-1h~ Jlhnvp ~hnw f':xppnc;p- ~c:tiTT'lQ+'fJ ta 88tt\bHO)lL Q. nSpla Fj~ule" ""Ii....n 1isodJ !JInd tll~tCl deteqt1ine PUKl-t1A::ibK's aJJowaolc ,,~"~" when the "Percentage of the Net" metana ;s us.c;rl PI II? ru A iJiR-ttgreenc-fttm;~ElUCr:R It filial stat~~"nt of PURCHASER's a,t1J~1 i;'JleIlJC5, ;"dtHj;ng cerlil1eci. hem.. I1de paid ba13 [-:., Jtleh eJlllinJes, no later t81ll1 at lhe time ef settlement Jft"", f1nRI exoenses and/or RforE'''Aici hi1l~s than .thl: lmSl:Illt sf eSlill...l",J "'^i-''''ll'~' g!>"ll LV fReDT1c,"~, tRill tke "Elll!t figunr" N tn'.l pvp..nrvc wses t6 setsHRille ~le "Pir\:uRta8~ \lethe :Net" "'ill ee rro"~"ci h)' tile diffi:reuce beL"CC:/l tIl~ t"IAlligt!l'Rat~1I gXF~!:l.~. 1Il11 t.Ai Is tal ael\jlll c:xpc:llJc,.lIu.......vel. e"I'...",es iR iY~~"< of said estimates shRl1 not ;n"reA"" tb~ "Split Mgure.:..w- eltfl8R&isllIlohes f9r th~ "Perr.entRge of the Net:' methnci lInl.."o 00;11 i1Qtual elll""3" hll~... beell plcvluusly-apl'lU.cd-by-PRODTTCFI? in ~ritin~ Pf2- IN WITNESS WHEREOF, the panies hereto have hereunto set the names and seals on the day and year first written above. Dated: Board of Collier County Commissioners Collier County, Florida By: Warren Hill AQtnpi }~m No. ! (p (.f.:4 I APR 2 7 ~99 Pg. ,- By: PamelA S. Mac'Kie Title: Chairwomen Dwight E. Brock, Clerk Return all signed contracts to Performers of the World, Inc. Copyright 1997 Performers of the World, Inc. All rights reserved. ~..; r ' M... .:....,;.-..-~.., : ~ THIS RIDER IS ATTACHED TO AnD mADE PflRT OfTHE COnTRflCT AnD PURCHASER AGREES TO mEET ALL TERms AnD COnDITIons COntAinED HEREin. 1. PAymEnT Of WAGES AJ Payment for the guarantee plus any addItional overages Is payable prior to saId performance by either cash or cashIers check unless other arrangements have been made. Please make cashiers checks payable to: WflRRfn HILL, fIDS: 95-4338738 B) PURCHASER shall pay and hold flRTlST harmless of and from any and all taxes, fees, dues and the like relating to the engagement hereunder and the sums payable to ARTIST shall be free of such taxes, fees, dues and the like, Including all musicians union and flSCflP/Bml fees. 2. CflnCELLftTlOn PRlUlLfGfS NmeitftSt'lt'rigm-Hhat R R T I S"tmil\j caReel tile t:llyagement ht:1 t:ulldel, at ft R TI 51' S sele-d~()n~I;/IIIY P ttRtltft!{R . na.tlceJhprpnf ilt Ipiltt thlrtll ("101 diM I!rior to the commeOCl'mpnt datt-oF till: engll~ellll:1I1 hereuilder. 3. InDEffinlflCflTlOn ~tmlM-R-ay.'l!~ndemnlfyantthottHJaffi}~e.ss.th~mplo!Jffs, contfaerors-and-agents-frem-afld-a!la~ .1l1l!J claim), LUsts, damoyc), l;ilBIHtie:;, losser ilM JII~ments arisIng out of ,or In conneetlo~~Y"claim;demand-or-aetlon- lmHle by aA!l tllird PilroJ ~lIttlljl1erl 11<: il rllrect or Indirect conseq~ engagement f::~ ~~DlW.CHfl3t'R shaH also Indemnlf~ RRTlST agaInst dllg oud IlR los~, dOllldge oudiur dt!truetlolH)ffilffjng-to-ftRfIST IlI1ditls- emplsyee~, rontracto!} nr ~errt'5 l.'qlllpmpnt ilt tile I)llRlli, Including but Rot lImlttd to dalllaQe or destructtaR suffered by net of-- Goo.-, pe- 4. PURCHftSfR flSSUmES LIABILITY ~ ottft:l wl:.e herein spedfkali!:j provided, r IJ HClI fl SCR he~b!l attl.lAlU f",U Uabl1lty ilnd r:vtpllRslllll:lty fer tAe payment sf- =~~ co~~, ~~:;' :~:' ~:~~s, ~:= allll ~al.'f1tltlattd to or base~R too presentation O~ prodUGtien- of 1m ~ow or shaw, In Whl~h RRTIST Is to appear herellflder. . : 5. mERCttf\nDISInG flRTlST or his Ucensee shall have the excluslve rlglrt to advertfse, promote, disseminate and sell on or about the place of performance or elsewhere, souvenir programs, books, plctw'es, articles of clothing, Jewelry, recordings or other articles of merchandise related to ARTIST'S performance, and to retaln for Its accounts aU ~ proceeds thereof or at flRTl@:spoonto retain therefrom. ~'o U &-e. ':> \'1 ,.,cL, fro J. tV I . Page 1 00 ~ " - ~ u S J'"' w'6 r"'"' \ Agenda I} No . I ~ ~ ) I APR 2 7 1999 \'g. 0) - . 6. comPLImEnTARY TlCRETS PU RCHfiSER must provide fHI nST or flRTlST'S representatfve with twenty (201 compUmentary tfcKets per performance, the unused portion of whIch may be placed on sale the day of the show with permission of fl RTI ST 0 R fl RT! ST'S representative. 7. HOSPITalITY ~ de Prior to periormance, PURCHASER agrees tofumlsh the following at his sole expense: ~La-t~ US 1\\ bz.. 'p~'{l, 1) E-lgItt-fO) IIIt:als cun31HlAg of at least 11lot enITPP. ' slde-{ilshe!;"l-greelHalad\deeaf-an!h'egulaf-ff}ffee-and-heJbaUea rk- with milk. and honeYi*lffiPORTflnT: fiT LEflST OnE (1) mEftl SHOULD BE non-fRIED CHICREn AnD SEUEn (7)ffiERLS SHOULD BE non-fRIED CHICKEn OR fISH** 2) One drink of IndivIdual choice (I.e. bottled water, soda Juice, lo-fat milk, coffee, tea,.wmu~ 3J In lieu of the mea~ a $15.00 buyout per person shall be furnished. 8. DRESSlns ROOmS f1) Upon ARTIST'S arrival to venue, PURCHASER will provide In the dressing room: Eighteen (18) one liter bottles of Eulan mineral water I? T~our (24) battle~f rilMrllan i1nrllocal mlereb/'fWt:11l beer no LIT( 8tt~Pl L Tllie!ve (12) bottles of assorted fruU]ulces and so&1s fYJ TllK1 [2] E\ct~e( 'If rfl~ wiR!J, Ca!3emet $(jlltiig~5ft, meRet [CaHfemla '94 VI '95J ur Siilllll.. n L.- One [1] fruit plate consisting of whole oranges, bananas, apptes, grapes and cut melons. 112 gallon 2% mlUi french Roast Coffee (decilf and regular) and herbal tea with mIlk and honey Snackwell:; CookJes [vanHla and cream) One (1) box famous flmos Chocolate Chip Cookies Ten (10] clean towels minimum. 9. PRODUCTIOn fI) fI sounD CHECI{ IS ffiAfiOflTORV. flRTlST requires three [3) hours from the time ofload-In to set-up and sound check. This sound check should be completed no less than fifteen [15) minutes before the house opens. NHlCflftSCR 3liall not-allow-th8 aOOfel"r: Iv e ntET1lTe-fue1iHY-Wl~s~nmd..ffieeltJs-ecmplet~upport.act.-addltfonal..t1me-sho/;/ld-be- ~~ounrl rherk i1nrl qlt-lIp Pr2 B) PU RCHflSER must proulde at his/her sole expense at least two (2) stagehands and one (1) monItor engIneer to be auallable from [1) hour prior to load-In through completion of load-out. Sound and Ughtlng equipment must arrive for set-up a minimum of two (2) hours prior to arrfval of band equipment. furthermore, aU stagehands, loaders and eLectricians must be available when sound and Ughts arrlve. C] flU staging, platforms, and Iisers must be In place and tully available to loading area at the time sound and lighting equipment anive. Crew shaU have the stage cleared of aU other exlstlng equipment and deblis at this time. D) PURCHflSER shall be present at the venue from the beginnIng of load-In through the end of the engagement and the end of load-out. -- Page 2 00 ~~~~ t~rl APR 2 7 \999 pg. it2 E) PURCHflSER agrees to provide and pay for the sound and lighting systems out1Jned In the attached WftRREn HI LL TECHnl CfJL RIDER. In the event that un Installed system In the venue proves to be Inadequate, the use of said system must be mutually agreed upon between both the ARTIST or ARTIST'S representative and PURCHASER. f) flRTIST shall have the right to dispLay a 20'X3' banner with the ftRTlST'S name above the stage. IIf tht: event maraddltlBnar p,L ~~ [for sponsors and/nr radio station) flfl..:rIU'! bollflCr shalHirkt pftt.tdc.nt.- Pf2 ?21'2- 10. PARKinG P U RC H fI S E R shaU at his soLe expense provide secure, lighted par1Ung In an area adjacent to the facility for one {1) tour van or bus,lneludlllQ ~r.gLe pRall:, S8AffiP It.vll:-puWtl huol\ulI ful ]alii ~II VI bu) dOO one (I) l:dl, - m 11. TRflnSPORTATIOn 6 LODGinG In the event that PU RCHflSER Is providing airline travel and/or hotel accommodations, PURCtifl5fR shaU agree to the following: 8) -An (Jill: Lid\ds slid II be d) fvHllWS: ~ Business Class tickets, two from Denver, Colorado and one trom Los Rngeles, CaUfomla and four [4} coach tl~ts from flcw "orn l.Ity, sMIJl.d lH: bOvhed WIID emJer "mencan, Della ur lJnlreo. 110 Prop PLol/n. H fl.lyhLs occur o1l fui:-,ume dog D~ l:l/!: tvelll, ttley must De direct ana OOIl-)tull. p(2 B) Hotel rooms sholl be booked at four star accommodations as follows: Two (2) suites, OIle (1) smoking and one [1) non-smoking and four (4) single kings, one [1) smoking and three [3) non-smoking, If there are any Questions, please contact: John Tr1peny 2819 Orange Rvenue La Crescerrta, CR 91214 Te~[818)249-8145 fax: (818)249-8536 "j2 "n~ED: PUR~s'ER/DflTE ftRTIST/DATE Page 3 of3 - AgenPr~ ;J~ No -+I'll::S I , APR 2 7 '~99 f'Q. PH SYSTEm: .twlNlf: o utboa rd: Speakers: microphones: mOnITOR SYSTEm: ~ Outboa rd: $L)eakers: BAnD GEflR: Ilntmi: .8iID: -- wnRREn Hill TECHnlCfll RIDER 40 Channel with 8 aux sends ('!'amaha, midas, Gamble) Three (3) digital reverbs (Lelllcon or Yamaha) and one (1] digital delay Two (2) channels 1/3 octave EQ (lUarn- Teknlk or TC Electronics) flgtTt (8) channels noise gates (Orawmer or ftphell] EIgtTt [8) channels compressIon [SUmmit, Dex, BSS) One [1] CO player One (1) Cassette player Three-way stereo system capable of providing 110db ofundlstorted sound at the house mill position. See attached Input list. 40 Input console with a minimUm often discreet outputs (Yamaha, mIdas, or Ramsa] 6 channels 1/3 octave EQ [lUarn- Teklnk, TC Electronics, BSS) One (1) Yamaha SPX-990 digital reverb 9 (nine) two way [b1-amped) wedge monitors containing one 15" woofer and one 2" hi frequency driuer. One [1] Sonor 22 Inch lUck drum One (1) SollOr 8 inch rack tom One (1 J Sonor 10 Inch rack tom One (1) Sooor 14 Inch fioortom One (1) Sooor 16 fnch fi()()r tom One [1} 6 1!2 Inch by 14 Inch snare drum One (1) 16 Inch ZIIdJan "R" Custom crash cymbal One (1) 17 Inch ZlldJan "R" Custom crash cymbal One (1) 22 Inch Zlldjan uR" Custom ride cymbal One (1) set 14 Inch Zildjan new Beat hi-hats fIue [5} boom cymbal stands One (1J hi-hat stand One [1] snare stand One (1) OW-SOOO Rccelerator kIck drum pedal One (1) drum throne (nO HYORRUUC OR BICYClE TYPE THROnES!) One (1) SlUR Sm-900 or Sm-400 Two (2) SlUR GoUath 4"X1 0" speaker enclosures no HARTliE CRBlnErS Page 1 of 4 Agenda tt~ No. I fQ I APR 2 7 1999 'X Pg. -' b G.uJ1a.r: DAT machine: STAGinG: ~ Slm; tmlr. LIGHTInG: wnRREn Hill TECHnlCftl RIDER One [1) Yamaha Clavlnoua P-1 00 or P-150 only One [l} Roland D-70 One [1) Roland JU-BO One [1) sIngle-tier Quick-Lock keyboard stand One (1) double-tier Quick-Lock keyboan1 stand One [1) drum throne Two (2) mesa Boogie 1 X 12" guitar amps Six [6) guitar stands One Panasonlc or Sony DflT player to be placed next to keyboards. (nO PORTABLE UniTS PLEftSE) See accomP1lnylng stage plot four (4) separate 20ftffiP quad lX>>Ies on stage and one (1) 20ftffiP quad boll at house mix position. minimum Area 25'X25' at least 2' high One [1) 8'XB' carpeted drum riser One (l) 4'X8' riser for bassist Two (2) stage hands for load-In, set-up, strike and load-out One [l} monitor engineer must have adequate Ughtlny for the venue and at least one (1) follow spot P flRTlST IDflTE Page 2 of 4 Agenpp J' NO ...11.O..L "'1';) '{ 7 '999 pg. , .' WARREn.HILL TECHnlCflL RIDER: InpUT LIST CHfmnEL miCROPHonE inSERT STAno 1. f{J C f{ BETfl521RE-20 GRTE SHORr BOom . 2. snflRE TOP sm-57 GflTE SHORT BOOm 3. smmE BOT Sffi-811f1RG460 GfITE SHORT BOOm 4. HI HflT Sm-81/flRG400 SHORT Boom 5. Tom 1 EV 408 GRTE SHORr BOOm 6. Tom2 EU 408 GATE SHORT Boom 7. TOffi3 EU 408 GflTE SHORT Boom 8. Tom 4 EU408 GflTE SHORT Boom 9. SROH Sm-B1/RltG414 TALL Boom 10. SLOH Sm-B1/AKG 414 TflLL BOOm 11. BASS DI XLR comp 12. GTR LEfT sm-57 comp SHORT BOOm 13. GTR RIGHT sm-81 comp SHORT BOOm 14. Acousrrc GTR XLR camp 15. DftT LEfT XLR 16. DflT RIGHT XLR 17. KEYS LEfT OJ comp 18. KEYS RIGIfT DI comp 19. GTR UOCfll sm-58 comp TflLL BOOm 20. BASS UOCflL SID-58 comp TflLL BOOm 21. SflX XLR 22. WftRREn uoeAL WIRELESS Sffi-58 STRAIGHT Rouno 23. EfFECT RETURn 24. EffECT RETURn 25. EffECT RETURn 26. EffECT RETURn 27. EFfECT RETURn 28. EFFECT RETURn 29. EFfECT RETURn 30. EfFECT RETURn ~ ~g~nJ'p t~ I APR 2 7 1999 Pg. }O - - - iD co ~- a:: , cll"l -- C]~ J- ~s 0 00 00 == Q.. ....J == c.. c::: i u.J u.J ~C] </'l (.:) 2 I a:: co x: ~ "'7 V') == u.J Q - a::: ....J a:: C,...) - 0 c: r- c::: Q </'l I == Er- u.J ::lV'l </'l U c:::~ C2 u.J C Q_ co x: ~ c: <:0 ,..... ....J x ....J f - :c: (j c::: u.J c:c: 00 Q CC w~o ~~ a:: u.J ::l ~Q.. r- :3 </'lc: xN ~_ a:: 5 a:: x </'lQ.. u.J- c: c:E - 000 C'\ - r::':f a:: 1 ~O ~N 5.... C]~ CDS Q.. == ~~~1!Jl, l, APR 2 1 1999 pg. " ~O.wr Performers of the World, Inc. 8901 Melrose Ave Second Floor West Hollywood, CA 90069 Phone: (310) 205-0366 Fax: (310) 205-0365 Rider and "Addendum A" Attached Hereto Hereby Made Part of this Contract AGREEMENT made March 21, 1999 between Saxathon Music, Ine (hereinafter referred to as "PRODUCER"), furnishing the services of Tom Scott (hereinafter referred to as "ARTIST"), and Board of Collier County CommissionerslPamela Mackie and Collier County Parks and Recreation Dept.lPeg Ruby (hereinafter referred to as "PURCHASER"). It is mutually agreed between the parties as follows: The PURCHASER hereby engages the PRODUCER and the PRODUCER hereby agrees to furnish the entertainment presentation hereinafter described, upon all the tennr. and conditions herein set forth, including those on the addendum entitled "Additional Terms and Conditions." 1. DA TE(S) AND PLACEtS) OF ENGAGEMENT AND TICKET SCALING: Sat, May 8,992:00 PM Sugden Regional Park Capacity: 10000 Outer Drive Merch, Rate: 0,00% Naples, FL 00000 Phone: (941) 793-4414 U,SA Fax: ~ ~ _ M MM. _ . _ M _ _ . . . MM. . _ . . . . . _ _ _. M . MM" . . . .. M M _ _.. . MM' .. _ . M M M _ . . M _. . _ _. ._ Ticket Prices Seats Price Advance 10000 $3,00 Day Of Show 0 $5,00 Currency: Exchange Rate: U,S. Dollars 1. 0000 Gross Potential: Taxes: Deductions: Net Potential: $30,000,00 0,00% $0,00 $0,00 $30,000,00 2. ADVANCE INFORMA nON AND BILLING: Billing: 100% Co-Headline Billing (Tom Scott) -~ound Check: n Stage: 7:00 PM et Length: 75 mins, 3. FULL PRICE AGREED UPON: $10,000.00 fiat guarantee. Purchaser shall provide first class sound and lights per artists rider, p]us.backline, Purchaser shall provide and pay for one night of hotel accommodations for the touring party, Artist to close show, Artist to be paid full guarantee weather conditions notwithstanding. Production Contact: J.c. Productions 941455- 7287, 4. PA YMEl'o'T SQIEDULE: All payments shall be paid by PURCHASER in U,S, funds by CERTIFIED or CASHIER'S CHECK, or CASH, and shall be paid to and in the name of PRODUCER'S agent, Perfonners of the World, Inc., as follows: $,s,OOOSflllll be !lllid Mt lo,,.r .h~n A~ PlZ- 'f.he.=air:liRl! bahin~e oftR@ GLlarallte~. Ht elf $5,eee 311all be pais te aAe! ilt1he naml,; 17R/.RODUCERr5axathon..MusicJnc~not.lateLthan imm@E!illt@I)'1lr-ieMe-the first fl@ffMm:uwa,ViL- Earned percentages, overages, and/or bonuses, if applicable, are to be paid ~o the PRODUCER in CASH ONLY not latcr than immediately following the last sho In the event the FULL PRICE AGREED UPON to be paid by PURCHASER does not incluje percentages, overages, and/or bonuses. and the actual gross box office receipts from the engagement exceed the gross potential as stated in paragraph I, hereinabove, such amounts shall be paid in full to PRODUCER in CASH ONLY, immediately following the last performance, Additional terms and conditions contained in addendum entitled" Board of Collier County COmnU!8ionen Collier County, Florida IN WITNESS WHEREOF, the parties hereto have hereunto set the names and seals on the day and year first Dated: By: S~6n Music, By: Pamela S. Mac'Kic d. Dwight E. Brock, Clerk Title: Chairwomen Approved_ata oto Fvv...onn n{;/eg~uffiCienCy: - Return all signed contracts to Perfonne the World, Inc, Copyright 1997 Performers of the World, Inc. All rights reserved, As.iatant County Attorney: Tom Palmer Atte~ Aaenda Ir1-" No .-1 fd :') ) APRttc2ti~: ~~iown P9.1~ o~er#277~ - Additional Terms and Conditions 8. Purchaser sh first pplyany all ceipts deriv om the e inmen re ntation ~ paym required c under, ~ents shal1~ade in fvlr () /J'- w1thout an/deductio wha vcr, Pur aser w' advis Prod cer or cer's nt, fomp~n req st 0 cad issiohS priceNor the efltertairtmenV rf/ L pres'CQ~.tjJn. "-./ '-./ the event the payment to Producer shall be ased in whole or in part on receipts of the performance(s) hereunder, Purchaser agrees to deliver to Prod~l state of the gross receipts of each performance with in two hours following such performance, In the further event that the payment ofP e~hare of said performance ceipts is based in whole or in part upon expenses related to the engagement, Purchaser shall verify by paid receipts celed check or similar documents all sue es or they shall not be included as an expense of the engagement. Producer shall have the right to e a representative present in the box office at all times and such repr ive shall have access in box office records of Purchaser relating to gross recei this engagement only. Purchaser agrees to furnish at its own expe the date and at the time of the performance(s) above m~ne ,all that is necessary for the proper presentation of the entertainment presentation, including a suitable theat, or auditorium, well heated, lighted, lT1iilcI in good order, stage curtains properly tuned grand piano or pianos and public address system in perfect working condition I ing microphone' m er and quality required by Producer, dressing rooms, all necessary electricians and stagc hands, all lights, tickets, house programs, alllicens' ing musical performing rights licenses), special police, ushers, ticket sellers, tickets takers, appropriate and sufficient advertising in the principal news and Purc all pay all other necessary expenses in connection therewith. Purchaser will pay all music royalties in connection with Producer's use sic and in addition the costs 0 musicians (including contractors) other than those furnished by Producer as part of Producer's regular compan c aser agrees to pay all amusement taxes, Purch rees to comply with all regulations and requirements of any unions that may have jurisdiction ove of the said materials, facilities and personnel to be furnished by Pu r and Producer. Purchaser agrees to comply promptly with producers dir . s as to stage settings for the performance hereunder, If producer so requires, Purchase ' furnish as its expense all necessary facilities, electricia ge hands and other personnel for lighting and dress rehearsals, Purchaser shall furnish at his own ex pen ~her items and personnel(i 109 but not limited to any and all personnel including musicians, as may'be required by any national or local unions) re~f< Ie roper pre Ion oftlle entertainment presentation hereunder, and any rehearsals therefor, except for those items and personnel which Producer herein specifica ya urn ish. Producer shall the sole exclusive control over tlle production, presentation and performance of the engagement hereunder, including but not limited to the details, means and methods of the performance of the performing artists hereunder, and Producer shall have the sole right as Producer may see fit, to designate and change at any time the performing personnel other than the Artists hereinafter specifically named, Producer's obligations hereunder are subject to detention or prevention by sickness, inability to perform, accident, means of transportation, acts of God, riots, strikes, labor difficulties, epidemics, any act of any public authority or any other cause, similar or dissimilar, beyond Producer's control. In the event of illness, strike, Jaw, Act of God, governmental regulation or other force majeure occurrence, Producer is unable or is prevented from performing the engagement or any part thereof, Purchaser shall be obligated and liable to Producer for such proportionate amount of the payment provided for herein as may be due hereunder for any performance(s) which Producer may havS{7gdered up to the time of the inability to perform by reason of such illness or force majeure occurrence, Not withstanding anything containcd herein, iRalernt..t ..~~ shall not be deemed to be a force majeure occurrence, and the Purchaser shall remain liable for payment of the full contract price even if the performance(s) called for h.r.e~tetl-by-such wcml'1cr cOlldili<J1l~...J?,roducer shall have the sole right to determine in good faith whether any such weather conditions shall render the performance(s) impossible, hazardous or unsafe. pi- Unless stipulated to the contrary in writing, Purchaser agrees tllat Producer may cancel the engagement hereunder without liability by giving the purchaser notice thereof at least thirty (30) days prior to the commencement date of the engagement hereunder. The entertainment presentation to be furnished by Producer hereunder shall receive billing in such order, form, size, and prominence as directed by Producer in all advertising and publicity issued by or under the control of the Purchaser. la, Producer shall have the exclusive right to sell souvenir programs, ballet books, photographs, records and any and all types of merchandise including, but not limited to, anicles of clothing (i.e, T-shirts, hats etc.) posters, stickers, etc, on the premises of the place (s) of performance without any participation in the proceeds by Purchaser subject, however, to concessionaire's requirements, if any. I I, Purchaser shall not have the right to record, broadcast, or televise, photograph, or otherwise reproduce the visual and! or audio performances hereunder, or any part thereof, Purchaser agrees that no performers other than those to be furnished by Producer hereunder will appear on or in connection with the engagement hereunder. It is understood that no stage seats are to be sold or used without Producer's prior written consent. Purchaser agrees that the entertainment presentation will not be included in a subscription or other type of series without the written consent of Producer. 12. In the event Purchaser refuses or neglects to provide any oftlle items herein stated, and or fails to make any of the payments as provided herein, Producer shall have the right to refuse to pcrform this contract, shall rctain any amounts theretofore paid to Producer by Purchaser, and Purchaser shall remain liable to Producer for the agreed price herein, set forth. In addition, if on or before the date of the scheduled concert engagement, Purchaser has failed, neglected or refused to perfcnn any contract with any other performer for any earlier engagement, or if the financial standing or credit Purchaser has been impaired or is in Producer's opinion unsatisfactory, Producer shall have the right to demand the payment oftlle guaranteed compensation forthwith, If Purchaser fails or refuses to make such payment forthwith, Producer shall have the right to cancel the engagement by notices to Purchaser to that effect, and in such event Producer shall retain any amounts theretofore paid to Producer by Purchaser and Purchaser shall remain liable to Producer for the agreed price herein set forth. i 3. Nothing in this agreement shall requirc the commission of any act contrary to law or to any rules or regulations of any union, guild or similar body having jurisdiction over the services and personnel to be furnished by Producer to Purchaser hereunder and wherever there is any conflict between any provision of this Agreement and any law, rule of regulation, such law, rule or regulation shall prevail and this Agreement shall be curtailed, modified, or limited only to the extent necessary to eliminate such conflict. i,Il thw "vem 01 any illwrt!iiUeR~y llefWeeJl lhc f-'o, ;,;Oll~ of an) rillers, BlhleRell, ellAillil5 er an,..other allacbments hereto, the partlCS agree d-,ut-tfl~ w'~r:lllle to P,odtleer ~all comrOI. P12. : 5, Purchaser hereby indemnities and holds Producer and Artist, as well as their respective agents, representatives, principals, employees, officers and directors harmless from and against any loss, damage or expense, including reasonable attorney's fees incurred or suffi cd by or threatened against Producer or Artist or any of the foregoing in connection with or as a' . ug t by or on behalfofany third party person, firm or corporation as a result of or in connection with the engagement, which claim does not result from the active negligence of the Artist! and or Producer, : 6. 111is constitutes the sole, complete and binding agreement between the panics hereto. This agreement may not bc..changed, modified or altered except by an instrument in writing signed by the parties, This agreement shall be construed in accordance with the laws of the State oH;'a~ifi applicable to agreements entered into and tJ1... wholly to be performed therein,~tipulaled to the contrary in writing, all disputes arising out of this Agreement, wherever derived, shall be resolved in..1.=:f.o/l,ff ~ County in the State of 1<~)Iccordance with the laws of that State; in the event any such dispute, either pany may effect service of process on the other p~~~~fied mail. return receipt requested, and said service shall be equivalent to personal service and shall confer personal jurisdiction on the courts in the State of' and shall be deemed effecti\'e upon the earlier oftlle recipient's mail return date or ten (lO) days after the mailing of such process, provided that a duplicate of such process shall have been mailed to th~ other party by ordinary mail at the same time as the certified mailing. Purchaser shall not have the right to assign this Agreement, or any provision thereof, but Producer shall have the right from time to time, and at any time, to assign its rights andl or delegate its obligation< hereunder, in whole or in part to any person, firm or corporation, : 7. Nothing herein contained shall ever be construed as to constitute the panics hereto as a pannership, or joint venture, nor to make Producer lia any obligation that may be incurred by Purchaser, in Purchaser's carrying out an)' of the provisions hereof, or otherwise. THE PERSON EXE AGREEMENT ON PURCHASER'S BEHALF WARRANTS HIS AUTHORITY TO DO SO, ~LtJ Y FOR THE t'A I M1:.N J Ut SAW PKlt,;t. JJlrFULL. ~1..- 8. PERFORMERS OF TIlE WORLD, INC. (POW) acts only as agent for Producer and assumes no liability hereunder. J. 2. 3, 4. 5. $, 7, ~. 14. leinw~ UTIN~t)fjIS ) APR27tjjJ p-g. t?:, / ~ --==-. ~O.w.r Performers of the World, Inc. 8901 Melrose Ave Second Floor West Hollywood, CA 90069 Phone: (310) 205-0366 Fax: (310) 205-0365 Contract Addendum "A" AGREEMENT made March 21,1999 between Saxathon Music, IDe (hereinafter referred to as "PRODUCER"), furnishing the services of Tom Scott (hereinafter referred to as "ARTIST"), and Board of Collier County Commissioners/Pamela Mackie and Collier County Parks and Recreation Dept./Peg Ruby (hereinafter referred to as "PURCHASER"). 1. DATE(S) AND PLACE(S) OF ENGAGEMENT AND TICKET SCALING: Sat, May 8,992:00 PM Sugden Regional Park Capacity: Outer Drive Merch. Rate: Naples, FL 00000 Phone: U.S.A. Fax: _ M. M _ _ _ _. . M _ M _ M M ~ _ . M _ _ _ _ _ M . _ _ _ _. M _ M _ _ M _ _ _ _ _ _ M _ _ _ _ . M M _ _ _ M _ _ _ _ M _ _ _ _ . _ _ _ __ Ticket Prices Seats Price Advance 10000 $3.00 Day Of Show 0 $5.00 10000 0.00% (941) 793-4414 Currency: Exchange Rate: Gross Potential: Taxes: Deductions: Net Potential: U.S. Dollars 1,0000 $30,000.00 0.00% $0.00 $0.00 $30,000.00 2. FULL PRICE AGREED UPON: SI0,OOO.00 flat guarantee. 3. F XPENSES: Total Fixed Expenses: $0.00 4. VARIABLE EXPENSES: ~R"1Jnderstamls.tJrati'R<:}DB€ER-h~-reliett1JIml1t11eaoove show expense esrfriia:rn.no'establ ish-a." S pJit. Figure" when used,-andalSOfO'-determine. p~BAA;.aI.I~l'lkt-&~$n6e&-whcn-tn~er~entage.oi:.the-Net!l-metlrotliS"1lsed:-PUReHJ\:SElt-agree~>tofurnishPRODUeER a-final..staternefitof PURCHASER's-'.', ac!Uo1 PVpP.I1...\. including.cer.Uiicd;-bone-fide paid Il'iIls-for-stleh'e)!penses;-n&-later.t1ran'at1h~time-orsettlement7Ifthe'final-expenses Sa! -i1lSfOfi!lless than the a",gURt of ,.~timateA fypPI1S". given to PRQD; leeR, thetrthe-JlSplit~~ure'l-eHetal-expenres-tl'S'etl'tO'1:le Hne e--" c _ of the-Net". 'illb.c'reduced-bythe~ dWf.t,~orn.,Gl} Ihe.I94al-eMtmatea eXpGh!C! lItltl-th6-letlll actb"l ei!.pemes:-Hewever;-e"pclI~l!S-11l ette!S-O '.esti l-noHncrease-the..!'Spl it. FigurAr- ~rccntago of-the-Wet.::..method..unless..said.ac.t)laLexp,.e.oscsJ1a.v.e.lleen.p'~yj'pusly' pLll'led ~ ElUn,w.ri![ng'"--f2 IN WITNESS WHEREOF, the parties hereto have hereunto set the names and seals on the day and year firs ~: ey: Tom Palmer By: Pamela S. Mac'Kie Title: Chairwomen , Return all signed contracts to Performers ofL World, ]I1C. Copyright ]997 Performers of the World, Inc. All rights reserved. ~~~:1fp t~1, APR 2 7 1999 AfSli~io Ip Brown Dated: Board of Collier County Commissioncn Collier County, F]orida '" ....- DwIght E. Brock, Clerk :._,,; Tom Scott/Saxathon Music, Inc. Contract Rider THIS RIDER IS HEREWITH ATTACHED TO AND MADE PART OF THE CONTRACT DATED BY AND BETWEEN THE TOM SCOTT/SAXATHON MUSIC, INC., HEREINAFTER REFERRED TO AS ARTIST, AND HEREINAFTER REFERRED TO AS PURCHASER. Please read the contract rider carefully. It contains descriptions of certain equipment requiren1ents culd various working conditions essential to the Al1ist and necessary to assure the highest quality performance possible. If there are any questions or problems concerning this contract rider, Purchaser must contact Artist or Artist's representative immediately. All terms and conditions of this contract shall remain in force unless specifically agreed to be altered by Artist's representative, All changes must be in vvriting and signed by Artist or Artist's representative. Agent: P.O.W. 8901 Melrose Avenue West Hollywood, CA 90069 310-205-0366 310-205-0365 fax TO BE PROVIDED BY PURCHASER 1. PURCHASER AGREES TO PROVIDE AT HIS SOLE EXPENSE THE FOLLOWING EOUIPMENT AND STAGE REOUIREMENTS: Purchaser shall provide four (4) ~}J"l~e~tage hands for the purposes of loading equipment in and out of the venue. All stage hands must be available to Artist at time of load in and load out. Purchaser shall provide at his sole expense the following equipment for use by the Artist for both the sound check and performance. This equipment shall be available for the exclusive use by the Artist. All equipment must be in perfect working order to the satisfaction of Artist or Artist's representative. IF BACKLINE EOUIPMENT is to be supplied by the Purchaser. please SEE A TT ACHED EQUIPMENT LIST. If there are any questions please contact: Zero Nylin (415) 457-6888 - Agendt r}G') ..'"0. '(J e / APR1 2 7 )999' f>g.{ ~ / :~::0':~... "1. - 2. SOUND AND LIGHTING REQUIREMENTS TO BE PROVIDED BY PURCHASER: A. GENERAL: It is specifically required and understood that the Artist's representati ve shall have final, sole and absolute authority in mixing and controlling all sound and lighting equipment while Artist is performing, including the positioning of the sound mixing console, which should be placed in the center between speaker stacks not farther than 3i4 orthe distance from the stage to the rear of the facility, unless there is an overhang or balcony, in which case the console should be placed directly before and in front of this overhang and definitely not under such a balcony or overhang. An adequate number of seats shall not be sold in order to make the positioning of the console possible. ~fl.4he..eveffi that the Artist is he<3dUtl.ing-.t~~mel!l, all LlpeIliIlg act:; nItlSt~Llse- .additioflal or Ullu~c;J 1,,011sok chfirJ1@ls .p~ B. FRONT OF HOUSE: The house console shall consist of thirty-two (32) low impedance charmels, 8 sub groups, 4 effects sends and be of superior quality. Each channel shall have fully adjustable input padding, phase reversal, a minimum of 3 band e:q. with sweepable mid-range & insert patch points. Each sub group shall also have insert points, SEE A IT ACHED INPUT LIST, C. Stereo mix to: minimum 1/3 octave e.q. to: highquality crossover system which must be available at house mixing position. D. Outboard requirements: Three (3) high quality reverb units (Lexicon 480L, 224, or PCM 70, Yamaha SPX 900 or 90II). Six (6) chalmels of high quality gates (must have control over threshold, attack time, release time and gain reduction). Eight (8) independent channels of compression (Drawmer, dbx, Aphex, etc,). SEE ATTACHED INPUT LIST. E, High quality amplifiers are required with sufficient power for venue. F. High quality (preferably time-aligned) speakers in rattle free enclosures also sufficient for venue, G. MONITORS: A monitor console consisting of twenty-four (24) inputs, each with parametric e.q., with at least ten (10) sends to 1/3 octave e,q., to at least eight (8) quality bi-arnped floor wedges (includes cue wedge for monitor engineer), Monitor engineer shall have a clear view of the stage and all performers from the monitor mixing position. SEE ATTACHED 8T AGE PLOT. H. LIGHTING: Lighting shall consist ofa minimum often (10) specials and enough color washes to provide a well lit stage and an enjoyable show. The lighting console shall have a minimum of twelve (12) channels of control with two (2) manual presets, The lighting console shall be placed near the sound console for an adequate view of the stage. Two (2) spotlights shall be provided. 1. STAGE SIZE: The stage size shaIl be a minimum area of 30' wide by 24' deep. 1. Risers needed as follows: One (1) 8' by 8' by 24" sturdv carpeted drum riser. SEE A IT ACHED 8T AGE PLOT. K:;;~:PO\VER: Power for sound and lights shall be adequately isolated and on separate main ..." feeds. All power shall be adequately grounded to avoid damage to equipment and injury to crew and performers. Power for backline equipment on stage shall consist of at least four (4) circuits for twenty (20) amps each at 117 Volts AC @ 60 cycles. Agel~ {~ei No. APR 2 7 1999 pg ..Jlp - 3. PURCHASER SHALL PROVIDE THE FOLLOWING AT HIS SOLE COST: A. All necessary permits, licenses and authorizations from any and all government agencies, bureaus, and departmentsn-federal, state or local. B. .AJ,H;;Jclal, ~tatG of lotal tfiXC3 il,dtld~ug" btlt not limited t6 alJ1U~c;Ul\:..l!t and/or =~~~:~ ~~~ ~~a~~l~l:l:~~~~ l~~;f;:C~~:~~:~L ~~~~c~~~:~:~~;gft to - C. All necessary immigration clearance and airport departure fees if concert is to be performed outside of the USA. D. ffie P"T',..h.:u:er "'ill prQuinp, tPlpphone RumberE: (bm:iRes3 and lC3iQ~n<:e) 'Nher8-Rc/slll;;- martre contacted dTIliu~ L1., fourt",,!; (14) d~l.s prior to the eJ.1g~gem~nt ThP per~Qn _ =~~:~l ~:~a~:~~ ~3c)hl~~~~: ~;~o~~~G~~~:d:~I, ~rn&llY preb@nt at the place ef 4. INSTRUCTIONS FOR PURCHASER AND STAFF: A. No portion of the performance rendered hereunder may be recorded, broadcast, flash photographed, filmed, taped or embodied in any fom1 for any purpose. Purchaser further agrees that no authorization of any such recording will be given without prior written consent of the Artist. Purchaser shall deny entrance to any person carrying flash camera equipment, audio tape or video recording devices. B. Purchaser agrees to make the place of performance available to Artist and crew no later than eight (8) hours prior to performance time. Furthermore, the purchaser agrees to make available to the Artist all required facilities and personnel for a sound and lighting check no later than five (5) hours prior to the opening of doors, assuming all sound and light requirements have been met and are in good working order (subject to approval by Artist's representative), It is f>rrlhP~lI... agrced rhE\t-"^~rtist 'vill be--a.j~e4a-mi:H.imurn-- of t,,,,,o (2) ,xc1usivc hours for <:;ound..clwck purPE7~Rat-the-audieI'lee \o\TJ.h~ admitteH until ftu list HAS LITT TIlE SMeE:- t )fL C. House lights should be dimmed prior to Artist's performance to facilitate the audience being seated on time. M.C. should contact Artist's representative thirty (30) minutes prior to shov.rtime to arrange for the proper procedure and introduction of Artist. After the show, house lights shall not be raised and no music shall be played prior to Artist or Artist representative's approval. All house pre-recorded music shall be cleared with Artist's representative immediately following sound check, p~:,"Purchaser shall not permit and will prevent the manufacture and distribution and/or sale _.- ,. of any and all souvenir items associated with the Artist or his performance without Artist's prior written consent. Artist shall be allowed to sell merchandise at venue with the following commission: 250/0 rt:- paid to facility or purchaser. , Agenda ~t~ No . I " ( ~) ! ,APR 2 7 1999 pg. 5. ADVERTISING. PROMOTION AND PUBLICITY: A. Billing on all advertising and publicity for this performance should appear as follows: TOM SCOTT B. Artist shall receive 100% star billing (unless otherwise indicated on the face of this contract) on any and all advertisements and publicity generated by reason of this performance including, but not limited to, newspaper ads, posters, flyers, marquees, signs lobby boards, programs and tickets: C. If you need help with the publicity for this engagement, contact: Janeane Ardolino Windham Hill Records 310-358-4852 310-358-4808 fax Purchaser shall not commit Artist to any personal appearances, interviews or any other type of promotion without Artist management's prior approval. D. I\L.L Cr:CNfNG ACTS 11lust be dl;alt::J by Arti:;t's UlCiuagemerrr.- E. Gap!,,:) sf alLpubljrity, ipdlQing any ,uld all r~'1iews Q}:..ad"2fl,-,,- adit;]es gellel:iteOby Wki~ pt::rLbrinancl; ~Id ~ ~iJrd elil "et1) to Al List" s IIla.u<ll;Ol;lllcul a!> Svvu uncI tbe opCIf'01)lIcUl-:C <I..) p033ibk. ' (-tiL.-- F. F.urchaser m'lst notify A rtis!'::; agent if a,ny signs, banners, or (}tfl~Q.vg.Fti.ffii'l:g-mitt~ are tv L" )!laacd on or m~ar t:J.-"" ~tfigc during At! rtis!' E per-fel'ffi"~/or-ihaicl- J)@rfermanc:: is being 1:mder,\.itku VI. ;)}ionsorcd, whoUy er iT: part, by all) bU$iIless-;-- cen:ffl,CTcitt] ~rgduc~ or p&iitical ca:a?idatg,.. Of,.. " , G. ArtIst s representatIve shall be provIded wIlh twenty (20) palr of comphmentary tickets/seats per show. In the event that the venue uses table seating, Artist shall have the right to reserve table(s) for invited guests or "V.I,P, 's". All such tickets must be preferred seating. Artist's representative will provide a list of guests immediately after sound check, unless otherwise arranged in advance, H. Th€ ~l1rn her of tickets used f{)r thc ad':erti~ng, j:;lr-Q.m.o.ti.o+t-aH.G-p.ul7he.j.t-y-e.f.-tfH5- eHgElgcm~all not e'xceed five percent (5%) of.the-setthn<b:o-eapa-etty-ef-venue-as spe.Gificcl on th~ face Qf th". contr~rt herein attac1:l.eEi;-frI'!d-shttl-l-ee"nstitute-ti"ckets-seld-.f0r . . , compensa~ - 6. DRESSING ROOMS. FOOD AND HOSPITALITY: .~ 12.\1.. rC- Purchaser shall provide at least two ~ clean, lockable drc3$ing 100111$. Pttrefia.<-~g..~ B~::-rc.3peH~ibh~ for the 3ccmity vf-all it"luS in thc dF~s~i.ng rOGn::Hl.j:g.a.:-aoo~sJ'litH J....l;;Cp u . s fro 'ng ~aid area, F-UlcIlascl .shall be responsi-9le for aH~ef-- GanW.l;Ol; Lu Lll' eEj,yipment and property of A rli.s~t;rray occur durirrg-dre-time-that-sa-td-- .e€{uipmcnt l1nd-pr-eperty is OTl PnrC'h~ser'~ premise:fH"urchaser will make a diligent effort during the performance to maintain a peaceful and orderly audience. Audience shall be seated (if seating is available at venue) prior to the performance. ~Qn&ih-}~ th:e-condud of 11;',:'/111::1. <1uJ;'cl'leg,..and sh~Jl prnvirie 1?QG<t1:Hltc 3UpeFV-i-&ioo-e.f-mtft0f':ratlencl+~ the-performance. Any JaHl.a.g,' r8E"ltiT1~.from the aetivitic3 of the audie.J;l,Ge-sPH1-t " "'-.. ;espol'lsibility of Pun:II.Clser. ~ Agenda bt~m No . If.( C I APR 2 7 1999 Pg J~ AT HIS SOLE EXPENSE, PURCHASER AGREES TO PROVIDE ARTIST WITH THE FOLLOWING: A. One (1) case bottled water (Evian or equivalent). B. Twelve (12) clean, dry towels. C. Hot coffee ground and brewed from fresh beans (French dark roast preferred) with sugar, honey and half and half or milk (no powdered creamer please). D. Regular breakfast tea and other assorted no-caffeine teas with hot water available. E. Two (2) six packs assorted soft drinks. F. Bowl of assorted seasonally fresh fruit. G. Assorted fresh juices (orange, apple etc,) ()Y7' H. 0He-f1) 1:i;1::,c; lvGJ.I, mi€-FG-brE'\)Je'd A Ie i€:; Si-erra ~kv1l.d~, R"J Tail, Pele s WICKed). p I v !;-:]ZHot meal for Seven (7) people to be served at end of sound check ,(please arrange with tour manager). 7. FORCE MAJEURE: In the event of sickness or of accident to Artist, or if the performance is rendered impossible or infeasible by any act or regulation of any public authority or bureau, civic tumult, strike, epidemic, interruption in or delay of transportation services, war conditions or emergencies, or any other cause or causes beyond the control of Artist whether of a similar or dissimila. l1aturc, it is agreed that there shall be no claim for damages by either party to this agreement, and Artist's obligation as to the performance affected shall be deemed waived. Inclement weather rendering a performance impossible or infeasible shall not be mage notwithstanding, provided that l~rtist is ready, willing and able to perform pursuant to the terms hereof. Artist may terminate this agreement if: Performance of any of Artist's obligations shall expose Artist or any member of Artist's group, employees, agents or independent contractors, to civil or criminal proceedings of any kind. If this agreement shall be terminated for any of the reasons referred to in this paragraph, Artist shall promptly refund to Purchaser any amount theretofore paid by purchaser to Artist pursuant to this agreement, and Artist shall not be liable to Purchaser for any other loss, damage or expense claimed to have been suffered by Purchaser as a result of such termination. 8. INDEPENDENT CONTRACTOR: Artist signs this agreement as an independent contractor and not as an employee of Purchaser. This agreement shall not in any way be construed so as to create a partnership or any other joint undertaking or venture between the parties hereto, and neither party shall become liable for any representation, act or omission of the other. Agen~, HI" No .-fJ.P.-.Li APR 2 7 1999 PlJ. 5 9. FINAL APPROVAL: Artist shall have the exclusive control, creative and otherwise, over the means and methods employed in fulfilling Artist's obligations hereunder in all respects and in all details and Purchaser agrees to fully and promptly comply with all of the Artist's written and oral directions in connection therewith. Artist shall have final approval over all material matters relating to the engagement. Artist shall have the exclusive right, in A11ist's absolute discretion, to designate and change Artist's back-up personnel. 10. DEFAULT OF PURCHASER: If Purchaser refuses or neglects to provide any of the items required of him hereunder, or fails or refuses to proceed with his presentation of the engagement(s) which are the subject of this agreement and/or make any of the payments referred to herein, or fails to furnish the type, size and quality of public address system requested by the Artist, should said public address system be otherwise than in perfect working order, then in any such event(s) (a)Artist or Artist's representative, in Artist's sole discretion, may thereupon terminate this agreement without liability of any kind to Artist, (b )Artist shall have no further obligation to perfom1 this agreement, (c )Artist shall retain all amounts theretofore paid to Artist by Purchaser, (d)Purchaser shall remain liable to Artist for any additional compensation herein provided. ~Gqc)Artist 8hall &1$0 be e'lt;tle~ tn e~~rr.ic::(" :illl r~m"'c!i@: tb.s:J. a'/ailable :0 .^~rti5HrHiiW:- ~ 11. PAYMENT CLAUSES: A. All payments by the Purchaser to Artist required pursuant to this Agreement, shall be made in the form of CASH, MONEY ORDER OR CERTIFIED CHECK and payable to "Tom Scott/Saxathon Music, Inc.", Ufli'vGlsitics can mah arr::mgemcnts to pcty by Univels;ry Cl!cck by cOfltaotifig ;\.rti3t',:) <116c;uL ;u ad v C1HI..-C v[ PCrfVHu<1llCC date. N v f>er;o~al ehccb ~hall b~ aceElf3ted and allAfr),'mcnts :::;till o\\'cd to A" tist ulust be paid prior te d.rti~t }iedod'HiFlg :Jale-engag':'u1<:..HL j#TL. B. k1 th~ t:'''ent tqflt the eompc1'isation payabk to Adi3t is meusured in \'1holc 01 ill part bya 'PprC"'F'rlt::lgf' of e:ros~eipt:3 o. t~l..-k.d ::;alc:;, VI iUCfen1ema+-bootl&8a-stlbjecl-t{}-tiekets-sa.~~ a~6et forth on-th.e face o.f..tl:H.&-eontlaGt, POlcmrser 3hal!-pay--Arti.st-the~atanc~an) g-Bm'ftn teed am 0 l1n t PRIQRJo-Aft.i.st.+performa1Tce;"ancl~afly-bal an Ge.. Elu e--en-a-pel'€ eatage- Of'-ifiert:memal Dvu~mrutation.YJill be-paid-as ~erras-pDs.siblc aftc:r the--G.klsing..oJ:..th.e.. Sex Office, and in nu cv,-u! 'l.'il1 t~f' lonw'r thar:l GRC L.5.lf C L'2) h~1er:.:.t-l'le-end-&f:. .A>=ti51t'~ perform:mc~. yJ{L- IN THE EVENT OF A PERCENTAGE ARAANGEMENT: .,..,--.. A. Artist's replc.3Cl'ita:ti-,'o shall htbG 'OHl1318tl: acceiS at Box Offi~tflef\'fi-se-ee =~~d ~::: ::::~f ~ :~~: g;:s g:~=~ ~nd to~y and all recor$ shov.'il1g ("xpenditures ',vith regards t6 this pcrformwce- P B, Up"n final p~Yp:}eflt j\rtist's 'represElFltatiyc ~ludl ue given a detailer1 Rox Office statement llll!Ll-licket prin.er> m!lllilb.. P{Z- A9.~ No. f APR62 7 1999 P9. if 0,_ C. Alt-tm!lolr1 tir.kets sball-.be m;;lQ0 Ll'.'ailablc to ,\rtist' s rcpresen.ta~Hooki-he-OOsire-tG- use them fer vc.lification 01 coul'lting purpOlieST p{2. D. Under no eircumst8:Ree3 3hall any tielcets b@ discounted 'Nithout prior <:ODSf'..!)t of Artist ' ~ LEGAL CLAUSE: A. Artist hcreb) I C3CI v C3 the right to postpefl0 this performance Bot less than thirty-E3'&-)-days priM oo-thc I3crfQ:r:I;J;J::lnr.e date written nntir.~ to..E.1.l~l:1aset:ri.u11e-Artl&t-'-s-sefV-iees-ar-e- ~::t~~~ 3t~:; ;~:)'~f>~1L('\nnection with television, motion pict11res, film-s€Bfing, er~ B. It is acknowledged and agreed that this agreel1~nt cwd rider shall be construed in accordance with the laws of the State of~tITbrrt'a~--should there be any conflict or inconsistency between the provisions of the rider and the agreement (contract) to which this rider is attached, it is expressly agreed that the provisions of the rider in all such respects supersede, govern and control. This agreement cannot be modified, amended or supplemented except by a Mitten instrument or instruments executed by each of the parties hereto. C. Any claim or dispute arising out of or relating to this agree~p.t or the b~fi~:oJc shall be settled in a court of law i~e County ofto~l/~~Glg;State of , IFf- regardl@&s ofthf> fllac~ ()fre,.fo~. In the event of any action, proceeding or lawsuit initiated by any party hereto with respect to enforcement or interpretation of this agreement (contract and rider) or any provision thereof, the party which prevails in said action, proceeding or lawsuit shall be entitled to recover all costs and expenses including, but without limitation to, attorney's fees incurred in connection therewith. D. The above constitutes the sole, complete and binding agreement bet\\'een the parties hereto. BY SIGNING THIS RIDER CONTRACT YOU ARE AGREEING TO ALL REQUIRE:N1ENTS, TERMS AND CONDITIONS STATED WITHIN. ANY BREACH OF THE TERMS OF THIS RlDER WILL CONSTITUTE A BREACH OF THE A TT ACHED CONTRACT AND MAY CAUSE ARTIST TO REFUSE TO PERFORM WITHOUT RELEASING YOU FROM THE OBLIGATION TO PAY ARTIST. A st (agent or representative) . ?/24-/ 9''1 Date I - AGREED AND ACCEPTED: Date 1. ~ (~~ /4 ~J CO(iJ ~~~ l~c{41t .~ ~VDi\J I/'" j . Agen9~ J No.~ ~ PR 2 7 1999 pg 2L TOM SCOTT as.of9/25/Q8 C1L (';;\ l!.!J (';;\ l!.!J IGTRIIGTRI IBAssl (0;) l!!.!J . ..--- ~ ~~~r' ,~.,. .. ' SAX ~XI . CK NOTE: Six (6) Bi-amped floor wedge monItor ~p~akers required. Seven (7) Monitor mixes required. ~ - 117+ Volts AC @ 60 cycles /.".-........ c/o ZERO NYLIN Agenp,- ) ~m, NO.~ 415-457-6888 PH / 415-457-2405 F\PR 2 7 1~99 p 9 . 8- ;;;..__ T 0 M S C 0 T T .::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~::::<:::::~::::::::~:::::::::::::::::J:::::::::::::::::::::::::::::::::::::::::::::J:::::::::::::::::::::::::::I,:::~:::~::~::!::::::.~::!::~::I::::J:::::::::::::::::::,,:::::::::::::::::::::::::::J:::::::::::::::::::::::::::::::::::::::::~:::::::::::::::::::::::::::::,:::::J::~::::::::~:!:::::~::!:~:~:!:~:~:::::::::::::: INPUT HOUSE INSERT MaN PATCH MIC STAND NOTES OVERHEAD R 1 1 414 / 451 LG BOOM OVERHEAD L 2 2 414/451 LG BOOM 14" TOM TOM . 3 GATE 3 ATM25/SM98 BOOM/CLIP 12" TOM TOM 4 GATE 4 ATM25/SM98 BOOM/CLIP 10" TOM TOM 5 GATE 5 ATM25/SM98 BOOM/CLIP 8" TOM TOM 6 GATE 6 A TM25/SM98 BOOM/CLIP HI HAT 7 7 KM84/451/SM81 SM BOOM SNARE BOTTOM 8 GATE 8 SM57 SM BOOM SNARE TOP 9 9 I SM57 SM BOOM KICK 10 COMP 10 I M88/421 SM BOOM KICK I 11 COMP 11 'SM 91 BASS 12 COMP 12 TUBE 01 we bring KEYS L 13 13 01 I KEYS R 14 14 01 GUITAR MIC L 15 15 RE-20/M88 SM BOOM GUITAR MIC R 16 16 Rt:-20/M88 SM BOOM SAX 17 COMP 17 RF Output SAX 18 COMP 18 SENN 441 LG BOOM EWI 19 19 01 I EWI 20 20 01 I VOCAL TOM SCOTT 21 I 21 iSM 58 LG BOOM REVERB 1 L 22 22 I , I REVERB 1 R 23 23 Separate Monitor Reverb I REVERB 2 L 24 I ! I REVERB 2 R 25 I DOL 26 I ! I I I I I FOH ASSIGNMENTS I MONITOR MIXES I I . SUB GROUP 1 DRUMS COMP MIX 1 GTR MIX 5 KEYS R SUB GROUP 2 DRUMS COMP MIX2 SAX MIX 6 DRUMS I SUB GROUP 3 KIC/BASS MIX3 BASS MIX 7 REVERB SUB GROUP 4 INSTR L COMP MIX4 KEYS L MIX 8 SUB GROUP 5 INSTR R COMP SUB GROUP 6 SUB GROUP 7 I SUB GROUP 8 I Age~daJ i- t,e2'l. "v. [{J I { I '- APR ~ I I n~ I ..... . . - IT 0 M S CO T T I REQUIRED BACKLINE as of 9/25/98 I POSITION #/PCS DESCRIPTION YES NOI SUBSTITUTION -- 1I1l___IllJ1lll1!l1ll!l'llmm~1IlI_1I1Il1lll_ _~___31_~~:Qrl1l I mn1lJl1ll11l1111l1J1ll_1IIl _lmIIlIl_m"Ir.!IMr.ll/lI=ftlIHtI1.j~"'Irl!1I1Iti$"llrt;'I~~1Irl!lIUlll\r.~~J\!l~ KEYBOARDS Curtiss Brengle 1 KUrzv.Jeil PC-88 w/sus&vol pedals 1 Roland JD-800 w/sus&vol pedals 2 Quick-Loc Scissor Kybd.stands 1 Heavy Duty Adjustable drum throne I All necessary 1/4+Midi cords I I All Kybds. w / original pedals. I I I We will bring two (2) small racks of I I keyboard gear, including a mixer. I These will need 117 volts AC, I I GUITAR I Tariqh Akoni 2 Fender Twin Reverb amplifiers (no Red Knob versions) 2 H,D. Guitar stands I I All necessary 1/4+spkr. cords I BASS I , I Andre Barry 1 SWR 400 amp I I I c- I I 1 SWR Goliath 4 x 10" speaker I , , 2 H,D. Bass Guitar stand All necessary 1/4+spkr. cords I ! DRUMS Johnny Friday Yamaha Recording or Maple Custom or DW Drums 1 22" Kick Drum I 1 8" Tom Tom I All Tom Toms must be 1 10" Tom Tom - 1 12" Tom Tom shell mounted. - 1 14" Tom Tom i 2 Yamaha Snare drums 1 1 Hi Hat Stand w/clutch I 2 Snare Stands I 5 H.D.Boom Cymbal Stands I 1 H.D. Drum Throne I 2 Yamaha Kick Drum pedal w/Felt beater ALL New Heads as follows: Kick Back REMO Pinstripe - Clear Toms Top REMO Pinstripe Toms Bot. REMO Diplomat - Clear I Snare Top REMO Pinstripe Snare Bot. REMO Diplomat - Clear I i _I I GENERAL 2 I Bar Stools (black) I Agen9,. rh~ n J I 4 Music Stands w / lights I I "v. I /IJ I I - I ADO 'J ~ I ,.. - i-7 ,'7 t'~. /' ~ - ~ EXECUTIVE SUMMARY APPROVE THE PURCHASE OF A NEW PHONE SYSTEM FOR THE IMMOKALEE PARKS UTILIZING RESERVE FUNDS AND RECOGNIZE INSURANCE CLAIMS AND PRIVATE DONATIONS. Objective: That the Board authorize a budget amendment from reserve funds to purchase a new phone system for the Immokalee recreation facilities; and that the Board of County Commissioners approve a budget amendment recognizing revenue from insurance claims and private donations. ~- Consideration: The current phone system at the three (3) lmmokalee park sites are not customer service friendly. The phones unexpectedly cut communication off with customers, the ringers fail, and the sound fades in and out. The Information Technology Department has exhausted many options including replacing parts, testing phone lines, etc, but the problem persists; therefore, staff is recommending replacing the phone system with a new one. The estimated cost to replace the phones at the Immokalee Sports Complex, Immokalee Community Park, and the Immokalee Park and Recreation Administration building is $11,000. This new system will improve customer service and staff efficiency. Staff is also requesting that the Board recognize unanticipated revenue from insurance claims and private donations in the General Fund. Since October 1, 1999 staff has submitted claims due to minor vandalism, accidents, and natural weather occurrences. Although the damage has been subsequently repaired utilizing available funds, the $7,462 total cost of these repairs has negatively impacted the Parks budget as these repairs were unexpected and not budgeted. At the same time, the Parks and Recreation Department has also received private donations for park improvements totaling $2,750. A budget amendment will recognize these funds so the improvements will be made in accordance with the donors' request. Growth Management: None Fiscal Impact: A budget amendment will transfer $11,000 from the MSTD General Fund (111) reserves to the Immokalee Sports Complex budget. A second budget amendment will recognize and appropriate the insurance company claim checks totaling $7,462 and the $2,750 from private donations in the Parks & Other Property budget within the General Fund (001) ,- AGENDA lTEM No. / & Cc) :;;L APR 27 1999 Pg. I I Recommendation: That the Board of County Commissioners approve the attached budget amendments to replace the Immokalee phone system and recognize revenues from insurance claims and private donations. Prepared by: lLJ1A_. r:.J /L{1Yl~!l ~unnuck, Operations Coordinator Department of Parks and Recreation Date: f~9/~ Reviewed and Approved by: Date: tf ;I'I/qj . Reviewed and}.q ~ Approved by:-=-.i_ ~ Thomas W. Olliff, Admini t r Division of Public Services Date:~ ,..-, - ~~~1~~ APR 2 7 1999 ~ pg .~--- .---- EXECUTIVE SUMMARY APPROVE SECURITY MEASURERS AT THE MEDICAL EXAMINER'S OFFICE AND THE MAIN COUNTY COURTHOUSE. OBJECTIVE: To approve expenditures relating to security measures at the Medical Examiner's Office and the Main County Courthouse. CONSIDERATIONS: The Medical Examiner's Office has experienced a number of incidences involving unauthorized individuals in the parking lot and around the building after hours. Recently, individuals were found utilizing the parking lot for commercial ventures and were reluctant to move after being approached by the Medical Examiner. Staffs recommendation is to install an automatic control gate at the entrance of the facility to restrict vehicles during non-business hours. The cost of this unanticipated improvement is $16,500. .- The Main County Courthouse provides parking for the Judiciary. Judges leave their vehicles within the secured parking facility and proceed up the stairs, though the loading dock area and into the building, As a result of a recent US Marshal's Office audit, the Sheriffs Office has recommended that the County install a roll up shutter at the loading dock to shield the judges as they make their way though this area. Although this was not anticipated in the normal budget process, staff supports the Sheriffs recommendation. The cost of this improvement is $21,000. FISCAL [MP ACT: The cost of the combined security improvements is $39,600, Funds are available in Countywide Capital Fund 301 Reserves and would be transferred into General Building Improvements. GRO\VTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve the security improvements as outlined within this summary and the necessary budget amendments. Prepared By: ,_.~;:':? / / /,l.l 7 Date: /j;217'/ Skip Camp, CFM, Director The Department of Facilities Management - u~ . ----,~.) ):' ''', Approved By: .~_c<~. f_ , ./' t'. ate: Leo E. Ochs, Jr., Admfistr tor Support Services Divislor(" .J/!311~ AGENDA IU" No. lif tj I APR 2 7 1999 Pg. } EXECUTIVE SUMMARY PURCHASE OF THREE (3) MEDIUM-DUTY ADV ANCED LIFE SUPPORT AMBULANCES FROM AERO PRODUCTS CORPORA TION USING CITY OF JACKSOl''VILLE BID SC-0384-98. OBJECTIVE: Obtain Board of County Commissioners approval to purchase three (3) medium-duty advanced life support "Medic Master" ambulances from Aero Products Corporation using City of Jacksonville Bid SC-0384-98, Emergency Medical Care Vehicle (on file in Facilities Management). CONSIDERA TION: Section XIII B of the Collier County Purchasing Policy allows the County to join with other units of government in cooperative purchasing ventures. The City of Jacksonville awarded a contract for medium-duty advanced life support ambulances which affords Collier County the opportunity to purchase under the same terms and conditions. -- Purchase of three ambulances is required. Two ambulances are growth units funded by Impact Fees appropriated by the Board for purchase this fiscal year. One ambulance is a scheduled replacement approved by the Board with funds appropriated in the Motor Pool Capital Recovery Fund (522). The City of Jacksonville bid base cost was $131,486.00, Using the City of Jacksonville base and eliminating some equipment not consistent with our existing fleet, Collier County's purchase price is $114,948.75 per ambulance. Each company which builds ambulances has different box structures, wiring, air conditioning systems, equipment, and repair parts. Of the 22 ambulances currently active within the Collier County fleet, 21 were purchased from Aero Products Corporation since 1995. The quality, performance, and dependability of these ambulances have been excellent. Maintenance and upkeep have been fairly simple. All Fleet Management mechanics have been trained on repair and maintenance of "Medic Master" ambulances, and a standard repair parts stockage has been established. Product support from Aero Products has been outstanding, Additionally, the structure and other safety items have been judged superior to products of other ambulance companies surveyed by Collier County staff. Considering these factors, standardizing the County's fleet with "Medic Master" ambulances is considered in the best interest of Collier County both operationally and economically. FISCAL IMPACT: The cost to purchase three (3) medium-duty advanced life support ambulances is $344,846.25. Two growth ambulances will be purchased from the EMS Impact Fee Fund. One replacement ambulance will be purchased from the Motor Pool Capital Recovery Fund. - GROWTH MANAGEMENT IMPACT: Two ambulances are growth units as the Board, . hv AGEf':lOA ITEM No. / (~ D"2.. APR 27 1999 Pg. I RECOMMENDATION: Purchase three (3) medium-duty advanced life support "Medic Master" ambulances from Aero Products Corporation using City of Jacksonville Bid SC-0384- 98 at a purchase price of $114,948,75 each, totaling $344,846.25. SUBMITTED BY: /(;' // . . /, /' / /! / / . ;. I / .., /,,;,.' I , ) //O?<U/ YCiL-$ D~n Croft, Fleet Mana~r : I Date: 3/3V/jtJ / REVIEWED BY: , i i\ ~ : j J' } ," /7 l.~. '""/ __ / , ~ . (I' /l' J- {/.. - Date') I, . /, (.. Ci '. .~, . ,. . - I ,0' ...>" I ( 'a~e Fl~gg, Emergency MedicaTServices Direc~or'.' /., ( REVIEWED BY: ~~Y"~?~77 Date: Skip Camp, Facilities Management Director 31<~~; /c; 5' ,- REVIEWED BY: -'~f-M1 ,! G<.",t<.;'4 Date: 't ('I ('-lV Steve Carnell, Purchasing/General Services Director REVIEWED BY: -.r r: ( --: .' _"-T;'"_-k -:: _"."~ Date: port Services Administrator u ! _:31? Leo Ochs, Jr., -- AGliA IT~ No. ~.D APR 2 7 1999 pg.2-_ .~~ APPROVAL AND EXECUTION OF SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES OBJECTIVE: Approval and execution of satisfactions of notice of promise to pay and agreement to extend payment of water and/or sewer system impact fees CONSIDERATIONS: The Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees (Agreement) executed by: SEE ATTACHED EXHIBIT A Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. ,- FISCAL IMPACT: Payment in full of these Agreements increases the cash flow in Collier County's water impact fee fund by $0.00, and the sewer impact fee fund by $219,346.80 The fiscal impact for recording the Satisfaction of Liens is approximately $576.00 which is to be charged to the Department of Revenue. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the chairwoman to execute each satisfaction. To acknowledge full payment and the satisfactions of these agreements and to surrender the same as canceled, and to direct the Clerk of Circuit Court of Collier County to cancel the same of record. I I Prepared by: J>" .) 11/~A/) Ij//;. t7 ('/" /~ Date: 7',// If" / r f Gary Morocco, 'Revenue Supervisor ,- , Department of Revenue - I .-- Reviewed by: /1/ ttt.<7(~ ~j' v /009- -~ Teresa A. Riesen, Revenue Manager Department of Rev~[1ue ~ ( ". C\ \ \\ ( "i Reviewed by:--:.:~~~v--- '-l,~~-~>5b~ Jo~n Yonk()_~lsy~irectqr Dep;artment of Revenue Date: L/-- II -- q 5' I 1J<;1 / A 1\ l;j 9C) .I r Date: - Approved by: ., ~'-/..;: t,.-" ./.. -,.~j... " " ( . ? ". ..-~ .., /, -((', '" /"..') Leo Ochs Jr., Administrator Support Services 1 -.) ,- I Date: . I _I APR 27 1999 Pg. , EXHIBIT A 1, John W. Cecil and Glenda Cecil, husband and wife securing the principal balance of one thousand one hundred dollars ($1100.00) plus accrued interest. 2. Kenneth A. Martindale and Jody A. Martindale, husband and wife securing the principal balance of one thousand five hundred dollars and thirty cents ($1500,30) plus accrued interest. 3. Lionel Grode and Lauramaria Grode, his wife securing the principal balance of two thousand two hundred dollars ($2200.00) plus accrued interest. 4. Theodore C. Brew and Leslie B. Brew, Husband and Wife securing the principal balance of one thousand three hundred and forty dollars ($1340.00) plus accrued interest. 5. James E. Capps, JR. and Constance J. Capps, husband and wife securing the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 6. James R. Brandon and Deborah P. Brandon, Husband and Wife securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 7, Myles Collier and Deborah Collier Husband and Wife securing the principal balance of one thousand one hundred dollars ($1100,00) plus accrued interest. 8, Ronald F, Lourigan, a single man securing the principal balance of two thousand two hundred dollars ($2200.00) plus accrued interest. 9. John L. Brownfield and Laura D. Brownfield, Jusband and Wife securing the principal balance of one thousand One hundred dollars ($1100.00) plus accrued interest. 10. Michael E. Arnold and Patricia C. Arnold, husband and wife securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 11. Judith Lawrence, a single woman securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 12. Linda O. Allen, a single person securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 13. Jose R. Garcia and Magdalena Garcia, husband and wife securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 14. Richard J. Aldacosta and Ethel S. Aldacosta, Husband and Wife securing the principal balance of one thousand three hundred and forty dollars ($1340.00) plus accrued interest. 15. Ismael Gonzalez and Maria T. Conzalez, Husband and Wife securing the principal balance of one thousand two hundred and fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. AGENDA ITE:; No. I&, D . APR 2 7 1999 d- Pg. 16, Richard DesNoyers and Sandra DesNoyers, husband and wife securing the principal balance of four thousand four hundred dollars ($4400.00) plus accrued interest. 17. Richard DesNoyers and Sandra DesNoyers, husband and wife securing the principal balance of thirteen thousand two hundred dollars ($13,200.00) plus accrued interest. 18. Richard DesNoyers and Sandra DesNoyers, husband and wife securing the principal balance of four thousand four hundred dollars ($4400.00) plus accrued interest. 19. Maria F. Garcia securing the principal balance of two thousand six hundred and three dollars and eighty two cents ($2603.82) plus accrued interest. 20. Roan E. Johnson, a single man securing the principal balance of one thousand five hundred dollars and thirty cents ($1500,30) plus accrued interest. 21. Gumersindo E. Ortega and Martha S, Ortega, husband and Wife securing the principal balance of one thousand three hundred and forty dollars ($1340,00) plus accrued interest. 22. Warren L. Segraves, as Trustee securing the principal balance of ninteen thousand eighty dollars ($19,080.00) plus accrued interest. 23, Warren L. Segraves, as Trustee securing the principal balance of ninteen thousand six hundred dollars ($19,600,00) plus accrued interest. 24. Jeremiah J, Dacey and Mary C. Dacey, husband and wife securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 25. Gail A. Huttman Watson securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 26. Fedelio Arc and Agustina Arc, husband and wife securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 27. Daniel P Weeks and Della A. Weeks, husand and wife securing the principal balance of one thousand two hundred and fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 28, Onilda A. Vazquez, widow of Victor O. Vazquez securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 29.AI'd F. Fayard, Sr. securing the principal balance of nine thousand eight hundred dollars ($9800,00) plus accrued interest. 30. Wima Jean Svenson and Lars Svenson, husband and wife, "Formerly Known As Wilma Scott" securing the principal balance of one thousand two hundred and fifty nine dollars and sixty six cents ($1259,66) plus accrued interest. 31. William LeRoy Poyer, SR. securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 32. John W. Coughlin securing the principal balance of one thousand two hundred and fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. AGE NOt ITEM No. ~ D -:s APR 2 7 1999 Po. 2> 33. Mark Scheafrocker securing the principal balance of one thousand two hundred and fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 34. Salvatore Sansone securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 35. David N. Sexton, Trustee securing the principal balance of one thousand two hundred and fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 36, Eleanor M. Von Uffel, Seller Delores R. Salyer, Buyer securing the principal balance of one thousand two hundred and sixty dollars and five cents ($1260.05) plus accrued interest. 37. Rolf Naurath, a single man securing the principal balance of one thousand five hundred dollars and seventy five cents ($1500,75) plus accrued interest. 38. Richard M. Flint and Betty Louise Flint, husband and wife securing the principal balance of one thousand two hundred and fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 39. David p, Nash and Karen L. Nash Husband and Wife securing the principal balance of one thousand five hundred dollars and thirty cents ($1500,30) plus accrued interest. 40, Jose M. Acosta and Michaely N. Acosta, Husband and Wife securing the principal balance of one thousand two hundred and fifty nine dollars and sixty six cents ($1259,66) plus accrued interest. 41. East Naples Methodist Church, INC. a non propfit corporation securing the principal balance of six thousand seven hundred dollars ($6,700.00) plus accrued interest. 42. Eugene H, Chartrand and Lois K. Chartrand, husband and wife securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 43. Juan Antonio Licout and Cira R. Licout, his wife securing the principal balance of one thousand two hundred and fifty nine dollars and sixty six cents ($1259,66) plus accrued interest. 44. John L. Walker, a married man and Tresha C. Hall, a married woman as joint tenants with full rights of survivorship securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 45. Dana A. Woodside securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 46, Kelly John Rowley and Brenda Jean Rowley, Husband and Wife securing the principal balance of one thousand seven hundred and forty one dollars and twenty six cents ($1741,26) plus accrued interest. 47, Robert J. Guevin and Annette R. Guevin, husband and wife securing the principal balance of one thousand five hundred dollars and thirty cents ($1500,30) plus accrued interest. - 48. Anita L. Judkins and Kerry A. Judkins securing the principal balance of one thousand three hundred and forty dollars ($1340.00) plus accrued inter ,...+ N~:EH!t tI~~ APR 2 7 1999 Pg. t-f- 49, William D. Collins III, Trustee and William D, Collins Jr., as Trustee of the Felix Lerch Family Trust securing the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 50. JCS Limited, and Ohio Limited Liability Company securing the principal balance of three thousand four hundred and seventy five dollars ($3475.00) plus accrued interest. 51. Gary W. Wittock and Julie A. Wittock, Husband and Wife securing the principal balance of one thousand seven hundred and forty one dollars and twenty six cents ($1741.26) plus accrued interest. 52. Frank Perrotta and Sandra Perrotta, Husband and Wife securing the principal balance of nine hundred and seventy eight dollars and seventy cents ( $978.70) plus accrued interest. 53. Leonard E. Wilson, JR. and Kathryn H. Wilson, Husband and Wife securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 54. Bobby J. Paul and Iris M. Paul, Husband and Wife securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 55, George W. Neumann, a single man securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 56. Don Jaynes and Mary Jaynes, Husbnad and Wife securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 57, Eduardo Pereira and Luisa A. Pereira husband and wife securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 58. David E. White and Judith A. White, Husband and Wife securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 59. Jay William Wiemann securing the principal balance of one thousand two hundred and fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 60, Gerald Shaffer and Betty J, Shaffer, his wife securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 61. Paul F. Salvi and Diane Y. Salvi, husband and wife securing the principal balance of two thousand three hundred and sixty three dollars and eighteen cents ($2363.18) plus accrued interest. 62. Johnnie J. & Carmen R. Weeks, Husband and Wife securing the principal balance of one thousand five hundred dollars and thirty cents ($1500,30) plus accrued interest. 63. Stella Salvatore and Al'd Fayard, SR. securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. N~~"Jt,B~ ~:~ ~ 1999 64. Eduardo Pereira and Luisa M. Pereira, Husband and Wife securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 65. Victor J. Perez and Haydee Perez, husband and wife securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 66, Abel Ortega and Norma I. Ortega, husband and wife securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 67, Duncan John Kelly Nicol and Nancy Ann Nicol, husband and wife securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 68, Nancy Ann Millar, a single Woman securing the principal balance of one thousand five hundred dollars and thirty cents ($1500,30) plus accrued interest. 69. Francisco A. Menendez and Alicia Menendez, husband and wife securing the principal balance of one thousand five hundred dollars and thirty cents ($1500,30) plus accrued interest. 70. Johann W. Marti and Asta I. Marti, husband and wife, and Roy W, Marti securing the principal balance of one thousand five hundred dollars and thirty cents ($1500,30) plus accrued interest. 71. Johann W, Marti and Asta I. Marti, husband and wife securing the principal balance of four thousand one hundred and eighty eight dollars and ninty four cents ($4188,94) plus accrued interest. 72. DarIa Ewert Lamberson, formerly known as Daria Lee Ewert securing the principal balance of two thousand eight hundred and forty four dollars and seventy eight cents ($2844.78) plus accrued interest. 73. Daria Ewert Lamberson, formerly known as Daria Lee Ewert securing the principal balance of one thousand seven hundred and forty one dollars and twenty six cents ($1741.26) plus accrued interest. 74. Daria Ewert Lamberson, formerly known as Daria Lee Ewert securing the principal balance of two thousand eight hundred and fourty four dollars and seventy eight cents ($2844,78) plus accrued interest. 75. Keener Development, a General Partnership securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 76. Keener Development, A General Partnership securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 77. David Joel James, JR. a single person securing the principal balance of two thousand six hundred and three dollars and eighty two cents ($2603.82) plus accrued interest. 78. Carl S, Hydes and Lillian A. Hydes Husband and Wife securing the principal balance of one thousand seven hundred forty one dollars and twenty six cents ($1741.26) plus accrued interest. N~~E't H~ APR 2 7 1999 Pg. (; 79. Jose A. Fidalgo and Julia M. Fidalgo, husband and wife securing the principal balance of one thousand two hundred and fifty nine dollars and sixty six cents ($1259,66) plus accrued interest. 80. Joseph A. Fallucca and Joy A. Fallucca, Husband and Wife securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 81. Patsy J. Downing securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 82. Lena Mae Dorsey, divorced and not married securing the principal balance of one thousand two hundred and fifty nine dollars and sixty six cents ($1259,66) plus accrued interest. 83. Lena Mae Dorsey, divorced and not married securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 84. William M. Deeb and Carol D, Deeb, husband and wife securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 85. Patricia Jane Crockett, Grantee securing the principal balance of two thousand three hundred and sixty three dollars and eighteen cents ($2363,18) plus accrued interest. 86, Resinord Beauplant and Leonie Beauplant, husband and wife securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 87. Grace E. Allen securing the principal balance of one thousand two hundred and fifty nine dollars and sixty six cents ($1259,66) plus accrued interest. 88. Jerome J, Clausen securing the principal balance of one thousand two hundred and sixty dollars and five cents ($1260.05) plus accrued interest. 89. Mildred Hendry Peek and Candace marie Werner as Joint Tenants with Rights of Survivorship securing the principal balance of two thousand six hundred eighty dollars ($2680.00) plus accrued interest. 90, William L. Stone and Deborah S. Stone, Husband and Wife securing the principal balance of one thousand two hundred and fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 91. Joe C. McGee and Julia N, McGee, his wife securing the principal balance of one thousand one hundred dollars ($1100.00) plus accrued interest. 92. Benjamin F. Lott and Sharon K. Lott, husband and wife securing the principal balance of one thousand two hundred and fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 93. Mary C. Hughes and Ron J. Hughes, wife and husband securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 94, Regis A. Cunningham, Jr., a single person securing the principal balance of two thousnand three hundred and sixty three dollars and eighteen cents ($2363.18) plus accrued interest. AGf.it, ITEM No. 03 APR 2 7 1999 Pg. 95. Daniel S. Chambers and Phyllis J. Chambers, his wife securing the principal balance of one thousand five hundred dollars and thirty cents ($1500,30) plus accrued interest. 96. Lynn B. Stepanich, a single woman and Herbert Kurinsky, a single man securing the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. N~~E7t rJ:!H ~:~ 2 g 1999 EXECUTIVE SUMMARY ADOPT POLICY GOVERNING THE INTERACTION BETWEEN PROFESSIONAL CONSULTANTS AND COUNTY OFFICIALS. OBJECTIVE: To further promote open and fair competition for consulting services agreements. CONSIDERATION: On March 9,1999, the Board of County Commissioners directed staff to prepare a resolution formally implementing a policy governing the interaction between professional consultants and County officials. The primary components of the policy include the following: . Encouraging open contact between consultants and County representatives (Le., staff and elected officials) prior and subsequent to the issuance of a Request for Proposals. - . Protecting the fairness, openess and competitive nature of the process by limiting contact between consultants and County representatives during specific phases of the selection and negotiation processes to specific individuals with direct responsibility for the acquisition process. . Formally establishing an improved notification procedure to enable consulting firms to review the results of the selection committee process prior to the posting of the award recommendation to the Board. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: N/A. .- RECOMMENDATION: That the Board of County Commissioners adopt the enclosed resolution and policy governing interaction between professional consultants and County officials and that the Chairwoman be authorized to sign the resolution on behalf of the Board. 1 SUBMITTED By:~~:.~-fi1\ 'fA lalL,{4fl " ';;'-"'1''-~ l/I/. l. Steve'Carnell; Purchasing/eneral Services Director, CSM REVIEWED BY: ~:~~, .--e'L - Date: <if, J'f:7 Leo Ochs Jr., Support Services Ad Date: " I Lf II i ( /-[ ~J ~~~ 8E~ \...u/ APR 2 7 1999 Pg. / 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 RESOLUTION NO. 99- RESOLUTION CREATING FORMAL POLICY GOVERNING THE INTERACTION BETWEEN PROFESSIONAL CONSULTANTS AND COUNTY OFFICIALS WHEREAS, Section 287.055, F,S., otherwise known as "The Consultant's Competitive Negotiation Act" sets forth both general and specific requirements for the selection of and negotiation with professional consultants as defined under said statute; and WHEREAS, Collier County Ordinance 87-25 provides for the establishment of a purchasing policy to govern all aspects of purchasing administration; and WHEREAS, Collier County Resolution 95-353 as amended by Resolution 97 -435 includes the Board's prevailing purchasing policy; and WHEREAS, The Collier County Board of County Commissioners and its appointed staff strive to promote open and fair competition among professional consultants seeking to do business with the County in a manner consistent with Section 287.055, F.S. and the Board's purchasing policy; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that this resolution and the attached policy governing the interaction between professional consultants and County officials be adopted after motion, second and majority vote, favoring same. DATE: , 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk By: Pamela S. Mac'Kie, Chairwoman By: Maureen Kenyon, Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: ~Jl/{Q David C. Weigel, County A AGENDA ITEM No. I(;,D1 APR 2 7 1939 pg._..~ INTERACTION BETWEEN CONSULTANTS AND COUNTY OFFICIALS I) PURPOSE. The purpose of this policy is to establish standards and rules governing the interaction between consultants and officials representing and staff employed by the Board of County Commissioners agency for Collier County, Florida. It is the intent of this policy to accomplish the following key objectives: a, Promote open and proper communication between consultants and county personnel; and b. Protect the integrity, fairness and openness of the County's consultant selection and negotiation processes. II) DEFINITION OF TERMS. The following terms are hereby defined for the t)ui;:oses of this policy: a. "Consultant", Refers to an individual or firm who provides (or seeks to ;)rcvide) professional design and/or s:LJcy services under the purview of Seelic!', 2:7.055, F,S., otherwise kno\'Jn as "tr,e :cnsultant's Competitive Negctiaticr. .~.::.. c. "Staff member", Refers to er;;::ioyees of Collier County who eQuic c:ire:::~. participate in the selection of a consultant as defined herein. c "Elected official", Refers to an individual who holds office as a Count\ Commissioner for Collier Cou!,,:y. d. "The Pre-solicitation Phase". Refers to the period of time prior to the TCi:i.21 announcement of the County's. desire to receive proposals for cor,su!tir,g services. ~. 'The Publication Phase". Re'ers to the period of time commencing U::::!" 7cill,al announcement of the Countys desire to receive proposals for consulting services and ending on the pubiished closing date and time for receiving proposals. f. "The Evaluation Phase". Refers to the period of time commencing immediately after the closing date and time for receipt of proposals and ending with the announcement of the selection committee recommendation. g. "The Award Phase". Refers to the period of time commencing with the formal announcement of the selection committee recommendation and ending with the selection of the top three firms by the Board of County Commissioners. h. "The Contract Negotiation Phase". Refers to the period of time commencing after selection of the top three firms and ending with the execution of a formal agreement for consulting services. I. "The Post-Negotiation Phase". Refers to the period of time subsequent to execution of a formal agreement for consulting services. Page 1 of 3 AGE~ ITE'" No.~ D i APR 2 7 1999 pg._3 J, "The Committee Recommendation" refers to the Selection Committee recommendation issued at the end of the evaluation phase, k, "The Award Recommendation" refers to the executive summary package submitted and scheduled for the Board of County Commissioners' Agenda package during the Award Phase, III) INTERACTION REGARDING A SPECIFIC PROJECT/CONTRACT OPPORTUNITY a. The Pre-solicitation Phase. Prior to soliciting, consultants are both permitted and encouraged to contact staff members regarding project-related information, particularly those projects and other contract opportunities identified in The First Word newsletter in advance of the Publication Phase. c. The Publication Phase. Once an RFP for a given project has been issued, consultants are to dire::: their inquiries regarding the project to the pe;-son(s) identified in the RFP 2S the appropriate contact(s). Should the RF? fail to c!eariy soecify a contact person(s), consultants shall contact the Purchasing Department for ciarification. " The Evaluation Phase Juring this phase. consultants shall direct all Incuirles to the Purchasing Depar::nent. Consultants are permitted to attend selection cCr71r71ittee meetings, b'J~ are not permitted to participate in the meeting unless asked to do so by the cJmmittee. Within one working day of the formulation of tne cJmmittee recomrr:erldation, the buyer shall post the recommencation in the ice:::y of the Genera! Se:vices Building, on the County's web site and mail a hard CJPY to the participating consulting firms. c. The Award Phase. Consultants with questions concerning the committee recommendation should contact the Purchasing Department. Consultants who wish to review the RF?/Committee file may do so at this time. Prior to presentation of the award recommendation to the Board of County Commissioners, the Purchasing Department shall post the award recommendation pursuant to the requirements of the Board's purchasing policy. Consultants can verify the status of an award by checking the posting notices in the lobby of the General Services Building, by searching the posting notices on the County's web site or by contacting the Purchasing Department by telephone. Consultants desiring to protest the award recommendation shall file a notice of intent to protest with the Purchasing Department in a manner pursuant to the County's purchasing policy. Page 2 of 3 :O~EHOt(., bT~ APR 2 7 1999 Pg. e. The Contract Negotiation Phase. Consultants should direct inquiries to the Purchasing Department during this period. f. The Post-Negotiation Phase. Consultants seeking constructive feedback regarding the selection process for the purpose of improving future proposals to the County are encouraged to contact the Purchasing Department at this phase. Consultants desiring to speak to individual committee members regarding their proposal may make a formal request to the Purchasing/General Services (PGS) Director to do so. However, the PGS Director shall reserve the right to decline this request on behalf of the County should circumstances deem to be to contrary to the best interests of the County. g, Contact with Eiected Officials. Unless otherwise specified in the RFP, Consultants are only permitted to contact or address elected officials regarding a give:" ;Jroject, solicitation or contract during the following stages of the consultan: selection process: 1. T~e Pre-Solicitation Phase. 2. The Post-Negotiation Phase. 3. The public presentation portion of the Award Phase. Commencing with the Publication Phase and effective through the Contract Negotiation Phase, Consultants shall not be permitted to disc:..!ss the solicitation. oroject or agreement with elected officials. except where provided for herein. Instead, consultants shall limit interactions concerning the solicitation to the parties named under the appropriate subsections of Section III of this policy, Page 3 of 3 4/13/99 :O~1t REfi. APR 2 7 )999 Pg. ~ EXECUTIVE SUMMARY A"'ARD OF BID # 99-2888 FOR TEMPORARY LABORERS OBJECTIVE: To contract with recommended bidders to provide temporary labor services to Collier County. CO~SIDER.\TION: This bid replaces the previous County Bid # 96-2510 for Temporary Labor. On March 2, 1999, the bid was publicly advertised and bid notices were sent to twelve firms, The bids were opened and tabulated on March 24, 1999, and a total of three bids were received. It was determined that it would be in the best interest of the County to award the bid to Able Body Temporary Service on a primary basis as the lowest, qualified and responsive bidder and to the other two responsive bidders on a secondary basis. This is due to the fact that a single temporary labor service may not always have the level of staffing that may be needed on large or unanticipated projects, This also allows the County to take advantage of pricing from all firms. FISCAL IMP ACT: This contract may be utilized by all County departments, Funds are budgeted in the department's respective cost centers as needed. .---- GRO"'TH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners award Bid # 99-2888 Temporary Laborers to Able Body Temporary as Primary vendor, ManPower Temporary Services and Personnel Services ofFt. Myers, Inc, as Secondary vendors. SUBMITTED BY: /' '_. .'. . ~ /, A ~J ; ) __' ..., .t (,I '- -_.- i '- t L [ L . - ,~ - /: Kelsey Ward~Buyer II Purchasing Department -2f'. /\, '1) / G711lr ~ ' Steve Carnell, CSM Purchasing/General Services Director (/. " //',. ,.,., ~ ',,> i r../L/.t;'-,I .' - r- ~ (~.(...i ~-i ---</~.t:.. I .0 0,/ Leo E. Ochs, Jr. Support Services Administrator DATE: /I/j--/? I REVIEWED BY: DA TE: 4 Ii J [' q 1 APPROVED BY: DATE: "i (16 /'1 "I .- N~_"'4 ~~~ APR 2 7 1999 P9.-.!___ .....-.,~~ ~ ~, ... u u u z ::::: V) V) u u - ~ = .:.L. ;2" U ,.. " :.. - :l :J: ~ - - ..- u :::: u - - : - - ~ :: - - - .~ , - t. =' - =' .~ I - :x: ~ :x: .~ :x: - .- N ~ .- ;.J I I =' "'1' - =' N ~ '"'" U - u ....::: = ;..;: 0 ~ -' :; U U = '0' ;; u ,... ...... - 0 -. ... ..... ...... ...... .. . . .... .. I..... . .... ... I <r:J -- -<:t -- 0 .' "<;t .' ::=: 0 -- -: N ~ f"') ,:;; N ~ ~, ~ -- N V) 0"- ... N = - - - - OC . """ """ V) """ """ -:t ..... ... 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Q) ... = 0 Q) 0 .:.L. .:.L. .:.L. .:.L. ,..U ... ~ V) C/) C/) cr. :J :J c.. :J :J Z 0.. ~ ~ - i..: . . tIl U tIl ~ U -' r::: CO ..... .... ~ ~ '-' - EN :- A AdTEM - NCI. j D,~ APR 7 1999 -'.- '--- - ._L-~ Pg.~.._.- ':'(L-~~ ,.-'- APPROVAL OF BllDGET A;"IE~Dj\fENTS BCC Agenda of 4/27/99 Golden Gate Community Center (Fund 130) Budget Amendment No. 99-226 Operating Other Operating Supplies ($2,780) Capital Other \1achmery & Equipment 2,780 Total -0- Explanation: Funds are needed to purchase a basketball scorekeeper's table from midnight basketball funds. General (Fund 001) Budget Amendment ]'Iio. 99-230 ,-. Information T echnologv Personal Ser..ices & DP EqUIpment ($8,600) GIS System Office FurniTure. SofTware, DaTa Processing R&M 8,600 Total -0- Explanation: Funds are needed for the set up of the GIS Manager's office furniture and software to proceed with the implementation of the GIS system. Fleet Management (Fund 521) Budget Amendment ]'Iio. 99-236 Capital Data Processing Equipment $9,000 Reserves Reserve for Contingencies (9,000) Tota] -0- .- Explanation: Fund are needed for purchase of 3 new computers and upgrade of 4 existing computers to meet the requirements of the new Client Server version of the FASTER Fleet Operating System. The system will provide increased efficiency, Y2K compliance, Windows versatility an compatibility with the County Network. AGENDA ITEM No.~_tl (tJ_ APR 2 7 199~ Pg...___.L___ '-lIO'.~.L;.__......r_...3'-.__....Ll,"".,;;".~"t&'_:....~.......... . EXECUT~TESU~~RY APPROVE THE SELECTION OF A CO~L'lERCIAL BANK TO SECURE A $10 MILLION LINE OF CREDIT TO FUND CONSTRUCTION OF THE NORTH NAPLES REGIONAL PARK AND OTHER FUTURE CAPITAL CONSTRUCTION NEEDS. Objective That the Board of County Commissioners approve the selection of a commercial bank to obtain a $10 million line of credit to fund construction of the North Naples Regional Park and other future capital construction needs. Considerations: On March 4, 1999, the County's Finance Committee and Financial Advisor issued a Request for Proposals to twenty local banks for a $10 million line of credit to fund construction of the North Naples Regional Park and other future capital construction needs. Proposals were due on March 17, 1999, and five banks responded. (See attached evaluation matrix). After evaluating the five proposals, the Finance Committee and Financial Advisor selected NationsBank for recommendation to the Board of County Commissioners to provide the line of credit, based on a cost analysis which factored in fees and prepayment penalties. There is no prepayment penalty in the NationsBank proposaL This letter of credit will guarantee the County a known fixed - interest rate at the time of the draw as opposed to a variable rate available through the Florida Association of Counties Commercial Paper Program. Fiscal Impact: The line of credit will be secured by park impact fees and legally available non-ad valorem revenues for a term not to exceed five years. Interest rates will be calculated as follows: For an amortization period of three (3) years, 95% of that Treasury Bond maturing on May 1 of the second calendar year following the draw, For an amortization period of five (5) years, 98% of that Treasury Bond maturing on i\1ay 1 of the third calendar year following the draw. No costs will be incurred until a draw on the line of credit is made. Any draws requested would be through a separate Executive Summary. Growth :\tanagement Impact: The North Naples Regional Park is an approved project in the Collier County Growth Management Plan. - Recommendation: That the Board of County Commissioners: 1. Approve the selection of Nations Bank to provide the line of credit. Submitted by: /1.-1~.il~ f -fl-- .- Date: 4 -;9- 91 Michael Smykowski", OMB Director April 19, 1999 p- --'--AGENDA IT~M No,_~ t; -) ... /, ~ J~ / .- Approwd by: ~"c (,- ~/f.LL4.tV'<.s:;-y. Robert F. Fernandez, County Administrator Date: April 19, 1999 APR 2 7 1999 pg.__L- ~~""0I.lU.a~~,=-..;l.-~J,:~ ~ ~ ~ >, u _ ......' - ... = e :; = ~ ::; Q - u :5 :: 1. .:: ~~::: -= Q - rOW: = '-'~~ e - V1 -. ... ::: ;- Q. -; - 'r:; = ... ~ ::.l ... e ~ gc: '-' I.i -< ~ .;;t = = .... - 'j; = c ~ I.i .;;t ,= '- ] ""'" , )@ - ;: , L.- ~ = = "I; = z I.i c - "I; ... ~ * * * <;) ;::: 0:: u ~ ~ oS; ;> u r:;. "8 ~ ~ * * ... ... u 0:: "0 U ~ u 2 "8 '" u r:;. "0 U ~ ~ u ;::: 0:: "0 U ~ i.i: - c = c E < = ::: .g ~ ... 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CQ 'r;. ::= ="O~ c <:.l c Z1.:_ ~;.:- ;;.-0::( Ir, 8- -- ~---- - '" c U <:.l .~ "I; ::= ~ c - < ~ -.r \C r- r"'; "- "- oi >A E E .~ ~ :E g or~ <"", >A or, N N --i >A ~ N ~ or, E - - :-: ~ :E '- r:::i >A '$. " N o E :::l S '~ 0: :E .,.; '- or~ N >A ~ or, r- \C, or, I- 1?!~ I.: e g C) --:5 or: \A_ S C. - - ~~ .~ ~ ~~ '" C) .i: ~ <"". c-, Q) ~ r: u ... o u r./:; Q ~ or, N <;) ~ r: C) ... o u r./:; Q ~, 3 E) Q. - - C3 E ..., ~ 8- l- e... :-: r-, u ~ r: <;) ;;... o u r./:; Q x ~, c- V", !:':: - 5 Q) Q. ~- t 5 ... S 8 i;' r./:;fr -- I- o Q. '" - c C) E E c U AGENDA I~M) No.___L~__:( 2. APR 2 7 1999 Pg._--~--- _"'''..I:1:'r:i'n''~.--''''-.~:''_l."''''''''''''''-'''1.~ BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE April 27, 1999 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 2. 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. March 22 - 26, 1999 B. March 29 - April 2, 1999 C. AprilS - 9, 1999 3. Districts: A. Collier Soil and Water Conservation District - Agenda of February 3, 1999 and minutes of January 6, 1999 meeting; Agenda of March 17, 1999 and minutes of February 3,1999 meeting; Notice of Meeting of April 7,1999 B. Heritage Greens Community Development District - General Purpose Financial Statements September 30, 1998; Audit Report; Management Letter and Response to Management Letter; Budget for 1998; Description of Outstanding Bonds; and Local Government Annual Financial Report C. Key Marco Community Development District - Minutes of December 3,1998 meeting D. Port of the Islands Community Improvement District - Notice of meeting to be held on April 15, 1999 E. The Big Cypress Basin Board of the South Florida Water Management District- Agenda of April 1, 1999 4. Minutes: A. Bayshore Avalon Beautification Advisory Committee - Agenda of April 7, 1999 1U1d minutes of March 3, 1999 meeting B. City/County Beach Renourishment Advisory Committee - Agenda of April 1, 1999 C. Collier County Code Enforcement Board - Minutes 0 No. /~ g APR 2 7 1999 ! Pg. '--~----".~._-.._---'>._._'-_.'- D. Collier County Code Enforcement BoardlNorth - Minutes of January 28, 1999 meeting E. Collier County Code Enforcement Board/South - Minutes of February 12, 1999 meeting F. Collier County Airport Authority - Agenda of April 12, 1999 and minutes of March 8, 1999 meeting G. Collier County Planning Commission - Agenda of April 1, 1999 and minutes of March 4, 1999 meeting H. County Government Productivity Committee - Minutes of February 17, 1999 and March 17, 1999 meetings L Emergency Medical Services Advisory Council - Agenda of April 7, 1999 and minutes of January 27,1999 meeting J. Environmental Advisory Board - Agenda of April 7, 1999 K. Golden Gate Beautification Advisory Committee - Agenda of April 13, 1999 and minutes of March 9, 1999 meeting L. Historical/Archaeological Preservation Board - Agenda of February 19, 1999 M. Immokalee Beautification Advisory Committee - Agenda of February 24, 1999 and minutes of February 24,1999 meeting N. Le1y Golf Estates Beautification Advisory Committee - Agenda of April 9, 1999 and minutes of March 12, 1999 meeting O. Parks and Recreation Advisory Committee - Agenda of March 24, 1999 and minutes of March 24, 1999 meeting P. Pelican Bay MSTBU Advisory Committee - Agenda of April 7, 1999 and minutes of March 3, 1999 meeting Q. Radio Road Beautification Advisory Committee - Minutes of March 8, 1999 meeting N~~VEM APR 2 7 1999 ~ Pg. EXEC:!JTIVE SUMMARY RECOMME~DATIO~ THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE l'SE OF CO:\HSCA TED TRUST FUNDS TO PROVIDE MA TCHING FUNDS FOR A FEDER.\L GRANT. OBJECTIVE: To obtain approval from the Board for a $135,000.00 Confiscated Trust Fund budget amendment from additional carryforward for the Sheriffs Office to match funds for a federal gram CONSIDER.\TlON: The Sheriffs Office is seeking Board approval for the transfer of funds to provide matching funds for a federal grant. On November 3, 1998, the Board accepted the $1,005,000 US Department of Justice, Community Oriented Policing Services, COPS More '98 grant award for Sheriffs Office equipment to improve the quality of Community Policing and the public safety needs in Collier County. Pursuant to Section 932.7055 4 (a) IF. S. { Confiscated Trust Funds can be used to provide matching funds for federal grants The Sheriffs Office is seeking Board approval for the transfer of $135,000 from the Confiscated Trust Fund to provide required matching funds for the COPS More '98 grant FISCAL IMPACT: Additional carryforward is available from FY 99 in Fund 602 for this expenditure The amendment increases the budget in (115-641011-881400) by $135,000 from (602- 919010-489200) A budget amendment is needed to recognize additional carryforward and appropriate funds for capital outlay ~,- !;!RO"TH L'tPACT: Funding is only for the period from September 1, 1998 through August 31, 1999. RECO"I",1 ENDA nON: That the Board of County Commissioners approve the budget amendment for the use of Confiscated Trust Funds to match a federal grant. CERTIFICA TION OF CONFISCA TED TRUST FUND REQUEST This request is a legitimate expenditure of Confiscated Trust Funds under Section 932.7055 (4) (a) Florida Statutes to be used to provide matching funds for a federal grant. '- PREPARED BY: Ch\-4..L k::.B-~ Crystal' . Kinzel, Finance Director ~. ...ttill~1 . i.",....-. I \ ~ t I APPROVED B~ ._.. . ._ DOl' / unter, leriff ,- AGENDA I[E) No, / l.O J+ J DA TE:...!.Wil 7, 1999 AP~ 2 7 1999 _~ Pg ,.:=:=:J-_.:-_ .lli"~l..!5lfc(1)(' EXECUTIVE SU~lMARY THE DEPARTMENT OF FINANCE AND ACCOUNTING SEEKS AUTHORIZATION F'ROM THE BOARD OF COUNTY COMMISSIONERS TO FILE THE STATE OF FLORIDA ANNUAL LOCAL GOVERNMENT FINANCIAL REPORT FOR THE FISCAL YEAR 1997-1998 AS REQUIRED BY FLORIDA STATUTE 218.32. OBJECTIVE: To receive approval, including the execution of the Certification by the Chairman of the Board of County Commissioners, to file the State of Florida Annual Local Government Financial Report for the fiscal year 1997-1998 as required by Florida Statute 218.32. /....-., CONSIDERATIONS: As part of the annual audit, the Department of Finance and Accounting is responsible for completing and filing all statutorily mandated reports. Included in these reports is the Department of Banking and Finance State of Florida Annual Local Government Financial Report. This report documents the revenues and expenditures for a given fiscal cycle in accordance with the State of Florida Uniform Accounting System. The report has been reviewed by the external auditors and found to be substantially in agreement with the comprehensive annual financial report presented to the Board of County Commissioners on April 13, 1999. FISCAL IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the Department of Finance and Accounting to file the aforementioned report, in executed form, with the Department of Banking and Finance. , Prepared By: / / //' / { c_.. Derek M. Johnssen, CPA Gen al Accounting Manager Date: 'tIt, It 7 I , ,-. Reviewed By: J es L. Mitchell, CIA, CFE, CBA lrector of Finance and Accounting Date: 4~;f 7 I ' AGENDA .lJ6M~ No. ((a n~ ~l.il~ t. 7 '999 Pg. County of Collier CLERK OF THE CIRCUIT COURT COlLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 Dwight E. Brock Clerk March 30, 1999 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS ~ Department of Banking and Finance Bureau of Accounting Room 414, Fletcher Building 101 East Gaines Street Tallahassee, Florida 32399-0350 Dear Sir or Madam: Enclosed you will find Collier County's State of Florida Annual Local Government Financial Report certification page, dependent district forms and one copy of the audit report for the fiscal year ended September 30, 1998. Collier County electronically filed the State of Florida Annual Local Government Financial Report for the fiscal year ended September 30, 1998. This report was prepared in accordance with Section 218.32 of the Florida Statutes and contains the financial information of the Board of County Commissioners and the five elected Constitutional Officers which consist of the Property Appraiser, Tax Collector, Sheriff, Clerk of the Circuit Court and Supervisor of Elections, -. Blended and discretely presented component units have also been reported, Blended component units consist of the Collier County Water and Sewer District, Marco Water and Sewer District, Goodland Water District and the Collier County Airport Authority, Discretely presented components units consist of the Collier County Health Facilities Authority, Collier County Housing Finance Authority and the Collier County Industrial Development Authority. No forms are included for the Collier County Health Facilities Authority because they did not generate any revenues or incur any expenditures. The revenues and expenditures sheets for the other discretely presented component units are clearly marked as component units on the Reponing Fund Group line. If you need additional information, we can be reached at (941) 774-8516, r:5~Xcf:@~ DWigM~rOCk Clerk of the Circuit Court Enclosures C: Board of County Commissioners James L. Mitchell, CIA, CFE, CBA, Director of Finance - ~~~ APK 2 7 1999 Pg. ~ u 'lii Q '" I I I I (;j '':: ;s ~ 1 ] ~ 0 t'i 0 "03 'u Co ; III ~ &! ~~ CI.l I :!3 IX IX D::: III ~ j ~'a 'ii i6 t i: I Vi IX 8 1> C ftSftS 'C .5 i::u. I 0_ I i:i: c CI.l , .... E ~ 0 CI.l c I ... - CI.l ftS - > U)o C) ftS to) 0 ...J fti ~ c c <C c: ~ III IE ~.! -;.2 'S~ 'l;j 8 'Sb .- c: 'E CIIllI "i.! III 0 "if! m Z 0 a 'E Q ~ ~ ar :2 ~ 50!! E i :;:: c:r:: o~ E .l! u :; u "0- ~ l .t:: " U:l;~ '5 .~ ~ ~ 0 '" - III c: C) u '" u !l ... ~ .Q e ... LiJ 'l; IE .,l. D:: .~ 0 -i il 0 II ... [:: w 'S . c ~ i 'i '" ;;: u 0" . lJ ..J ... E :z ... ::: e ~) >. iii 'E t:- .c ::::l t.& 0 iD L: U u iai CD "ia - E ~ E .J:l 0 III E c: a z i= III ::::l C ~c: CD z E "- ;,; c z 0 ~"! Q) CII "jji III 0 CII ;,; L: 0 -c:: III c:: .g . ;: l!! .8 "jji c:: N~~~~oD~ 7~,M ;,; CII 0 0 CD L: c:~ "C 0 "C CII l!! c:: I!! .c )( il c: "C e E Q) III D.. W Q) III co <( iai "C ::::l ~ D.. .J:l "C "C Z .CII .CII E II Q 1J Ol "C "C <( ~~ c: ~ <( iai 0 Q) CD tl tl tl ::::l E .... '" u '" c: 6 III III '" Z III APR 2 7 1999 "c c: iii >- 16 0 'E 'E 'E ~ z "" Q.. E ;:) u: :!; u lii N ..c::: ..c::: 0 Q 8 w D.. D.. U U Pg. ,3 >>J31:> ' )Om.i a 03 lH9IMO : lS~Hl Ii ClO en en .... -c 1Il "C c: W "- III ~ iii 0 Ul ii: ~ 00 ~ '" ~ ~ - 0 ,. e ~ ::J .... ar . C ;: Cll j:: in ~ .':;:GJ~ (~~ ':;}"<"l'''' "i t.,",'l .DEPENDENT DISTRICT REPORTING - Part 1 The special districts listed below are identified by the Departmenl of Community Affairs as dependent on your county. Please indicate whether these districts have been inclu~"as:co~onent units in your report and the presentation according to the Governmental Accounting Standards Board, Statement 14, The Reporting Entity. "Independently Reported" should include only dependent districts that are not component units of your reporting entity. "No Report Submitted" should include any dependent districts that are component units and should have been included with your reporting entity but did not, or did not within a reasonable time, provide financial information necessary to comply with Section 218.32 (1), KS. 11/06/98 UnitID: 100011 Dependent Districts of Collier County Blended in Independently Discretely Primary Reported Presented Report Zero No Report Revenues & Submitted Expenditures Collier County Airport Authority X Collier County Health Facilities Authority Collier County Housing Finance Authority Collier County Industrial Development Auth Collier County Water-Sewer District 'i Marco Water and Sewer District X 'i 300538 300539 300540 300541 300542 300543 'i 'i Goodland Water District X ~ N~~E~e~I(~M AiJR t. 7 1999 Page: 10 dlstdep .qpr .distdep.dbf.diltdep. fix Pg.~ DEPENDENT DISTRICT - AUDIT COMPLIANCE The special district(s) listed below are identified by the Department of Community Affairs as dependent on your county. With reference to Section 218.34 (2)~ Florida Statutes, please indicate whether the proposed budget of the dependent district has been contained and identified within your general budget or budgeted separately. 11/06/98 UnitID: 100011 Manner in Which Budgeted Dependent Districts of Collier County Contained and identified within general budget of governing authority Budgeted Separately 300538 Collier County Airport Authority 300539 Collier County Health Facilities Authority 300540 Collier County Housing Finance Authority 300541 Collier County Industrial Development Auth 300542 Collier County Water-Sewer District 300543 Marco Water and Sewer District Goodland Water District X N/A x X X I hereby certify that those dependent districts which are budgeted separately, have complied with the legally mandated audit requirements pursuant to Section 11.45 (3) (a) 4, Rorida Statutes for the fiscal Ye~aren ed 9 /3 0 /98. _~~ 3/30/99 Signature Date Director of Finance and Accounting Title Page: 10 d1otdep.qp, .diotdep.cI>f,ouddiotl .fnt N/A X X AGENDA I~E) No. lie I-IL'3 Ai),~ l 7 1999 Pg. /\ DEPENDENT DISTRICT REPORTING - PART 2 Use this part to report the total revenues and expenditures of each local governmental entity that is a component unit included in the annual financial report of the reporting entity, either blended or discretely presented. (UnitID: 100011) Dependent Districts of Collier County i6/98 Total Revenues Total Expenditures 300538 Collier County Airport Authority 300539 Collier County Health Facilities Authority 300540 Collier County Housing Finance Authority 300541 Collier County Industrial Development Auth 300542 Collier County Water-Sewer District 300543 Marco Water and Sewer District Goodland Water District $ 1,07h,70S N/A Sfl,S47 36 44,585,297 666,484 358,029 $ 1,RhR,?R1 N/A 1,657 871 34,017,825 692,609 327,528 AGENDA IT~ - No. , I. I-I~ A;)j( 2 7 1999 -- Page: 10 clotdep.qp, .clotdep.cIJl.dlottotl.fnr. 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AGENDA lTe~ No. I~ Hl !~:J;~ l 7 1999 Pg. /6 ~~~~%~~i:e~~gi~~~~~~~~~ii~ii~~~!i=~~~~8~~~~;6~S~ ~:~~~:~~~~~~~i~~:~~~~~~~~~i~~i~~~~~~~~~~~~~~~~~~ ==~~mm====m~=m=mm===mm=mm=m~mmm=mmmmmmm==m=m~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ nnnnnnnnnnn~~~~0n0~~~~~onnnnnnn0nnnnnnnnnn~~~~nn 8~~i~~2~~K~~~g;~2~i~~~~~2~~i~~~~~~~~~gg~~~~icCgg ~~~~*~~~~~~~~. ~~~~~~~~II~~~~~~~~~~~~~~~~~~~2S~~ ~a~>~a>>aa~OO>>>>> ~~~~ aa>aaa>aaa~a>>aaao >>>> ~~~~~~~~~~~~~~~~t~~!~gg ~~t~~~~~~~~~~~~~~[i~~t~ ~ ~~ ~~~~~~~-~~~~~r ~ c ~~e~ c~~c~~~~i~~~ ~~~~~~~~~~~~~~~aa~~~~~~~ ~~ .~~~~~~~~~~~~~~1.~~~~ C' 0 ri' ... 0 ~ lW .. n 0 "'a , r n v AI ~ .,J ~ u 3 Si: ~ r::: 0 ~ L: 0 ~ :1 0 ~ (:\ 0 ~:I iii n . ..;.,~) ., [;1 0 =:i ;:J i!~tl~~~i!l!fi!~bt~~o~~~~ll~ill!llllli~if~[r[ll~ ~ i :r i IIQ VI -t '0 ~ i l(' 0 :i ~ i 'cr i ~ 51 ~ 'C i ~ ~ s .. ~ 2' ~ IIQ ~ i .. l(' ~.. :f ~' 'i O.i - 0 ~ 0 Ii ~. i ~i~~i~~~~i~~w~i~~~2If~~f~i~~gw~!i~gi*~~~~I~~~~~i a~~a~~i ~a~~ ~~i~~W~"~~~a~i l~i~S aa~i~lm~i~loi ~ ~~ ~~ ~ ~ ~~~~~~!~~~~~ ~ ! ~~ ~ ~~ ~ ~ ~&~ 1 ~~ ~i~ ii )~Itt 1i ~ ~'i ,<'0 Ii ~ ~~ 1i ~ 5 ~ ~ ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~.~~~NNNNNNNNNN-------~~~~~~~~~~~~ww-________ ..._..__...~WNN___~~WW~__.~_~~._..~~~__...WWNN__ ~~o~~o8~~~og~~~~~o~~g~o~o~o~g~o~~og~o~~g~og~g~~~ '" o w ~ N ~ - -~ 0 - ~ N- ~:~~ ~~~~~~~.2~~!~~ ~~~~~e~ ~~~ ~~~~~~~-~~;s~~;: ~=g~o:~~t~~:~~~~tt~oo~~~~~~~o~g~o~~:~~~~Bog~~~8~~ ~ '" ~ ~ _000000000000000000000000000000000000000000000000 ... ~ ... ... ... 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'" ... -0 N N 0 0 -0 ~ -0 ~ w~ _ m N N ~oooeooo~oooo~ooo~o~~ooooooo~coo~oooooo~ooooooo!t '" '" ... ... ~ W N ~ - -~ 0 - w ~ N - ~ ~:!~~~~ ~w~%-o~~ ~~~~~~~~~~~~-=~i~~~~~ ~-~~-O~~N~ ~~~~g~:~~~~~~~~t~~~~~;~~s~~~~~~~t~~~~e~~~~~~~~~~~ ._ON~N~~~~_~_~__.~~~N~~W~~~~.~~~~~~N_-o.~OOO_N_O~~ '" '" '" =000000000000000000000000000000000000000000000000 '" e ~ W N ~ - _~ 0 - W ~ N - ~ ~=~~~~~ ~w~%-o~~ ~~~~~~~~~~:~-=:g~~~~~ ~-~~-O~~N~ ~~~~~~~~-~-o~.~-~~~=~~-~~~N~-=~~~~~~~~~-o~~~N.N-.NN N=S~~::~~~~=~~~~t~~~~~~~~~~~~~g~~~~~~~~~ooS~~~8~~ ~w~~~~~~w~wwww~www~~wwwwwwwwwwwwwwwwwwwwwwwwwwww """""',"""""""""""""""""" ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~N~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~:~~~~~~~~~~~~~~~~~ c ~ ; ... 2' . AGENDt ImM, No, I C-::r,) A:::; rt 'j 7 l.;q... ;~I ., L .J....;j Pg. If .~- EXECUTIVE SUMMARY REQUEST TO TRANSFER FUNDS FROM CIRCUIT COURT COSTS TO THE PUBLIC GUARDIANSHIP FUND. OBJECTIVE: Recommend that the Board of County Commissioners approve the transfer of $ 10,000. from Circuit Court Costs to the Public Guardianship Program. CONSIDERA TIONS: The Public Guardianship Program is funded by Circuit Court filing fees and matching funds from the Board of County Commissioners. Projected filing f~es for FY 98/99 have not met expectations. Filing fees and matching funds have been reduced by approximately $1,800. per month. This reduction in filing fees has caused us to suffer a shortfall which is currently at approximately $7,000. We are requesting authorization to transfer $ 10,000. from Circuit Court Costs to the Public Guardianship Fund. This amount should be sufficient to cover the cash shortage and fulfill our obligations for guardianship services for the remainder of this fiscal year. FISCAL IMPACT: A $ 10,000. transfer from the Court Administration Fund, Circuit Court Costs (681 - 421190), to the Public Guardianship Trust Fund (192 - 432515). This requested money transfer has no outside impact other than to Court Administration. ,- RECOMMENDATION: That the Board of County Commissioners approve the budget amendment and immediate transfer of $ 10,000. into the Public Guardianship Program Trust Fund and allow for the spending of the transferred monies. PREPARED BY: DATE:!! "r3..,i MARK MIDDLEBROOK APPROVED BY: DATE: AGE~~A g-t~) No. ~ ,~ A ,- ,'! (! ... 1~99 Pg. l EXECUTIVE SUMMARY TO AUTHORIZE THE COUNTY ATTORNEY TO PUBLISH NOTICE OF PUBLIC HEARING ON A PROPOSED ORDINANCE, MANDATED BY FLORIDA STATUTE, TO ESTABLISH MAXIMUM RATES FOR TOWING AND STORAGE OF VEHICLES IN INSTANCES WHERE THE TOWING AND STORAGE IS NOT AUTHORIZED BY THE OWNER OF THE VEHICLE OR Al'l'Y OTHER AUTHORIZED PERSON OBJECTIVE: That the Board of County Commissioners authorize the County Attorney to publish notice of a public hearing on a proposed ordinance and bring same back to the Board for a public hearing thereon. ,,- CONSIDERATION: Effective October 1, 1998, the Florida Legislature enacted a new Statutory provision that requires Collier County (and all other Florida Counties) to enact an ordinance to establish maximum rates (fees) for towing of vehicles in each instance where the instance of vehicle towing has not been authorized by an owner of the vehicle or by some other "authorized person" affiliated with the vehicle. Two drafts of this proposed ordinance were mailed to all vehicle towing companies occupationally licensed in Collier County for comments and suggestions. The proposed ordinance has been revised after considering all suggestions of each towing company that offered suggestions to the County and in coordination with the Sheriffs Legal Counsel. FISCAL IMPACT: None, GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners authorize the County Attorney to publish notice of a public hearing to consider adoption of a proposed statutorily mandated ordinance and bring same back to the Board for that public hearing, PREPARED BY: \D~ VJ~ Thomas C. Palmer Assistant County Attorney ~;.pCv! .- · David C. weigef~ County Attorney Date: 1-t/q1 APPROVED BY: Date: 1-(,-19 ....-. AGENDA ITEM- NO. I cO lIlJ.D- MAR 2 7 1999 Pg. \ -,,-- EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NO. 530 IN THE LAWSUIT ENTITLED COLLIER COUNTY v. DA VID R. CLEMENS AND LUCILLE C. CLEMENS, ET AL., Case No.98- 1393-CA (Livingston Road Extension, Golden Gate Parkway to Radio Road) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement on Parcel No. 530 for the Livingston Road Extension Project in the lawsuit entitled Collier County v. David R, Clemens and Lucille C. Clemens, et al., Case No. 98-1393-CA. CONSIDERATIONS: On July 23, 1998 an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road Extension Project between Golden Gate Parkway and Radio Road (Project No. 60061). On August 12, 1998, Collier County deposited with the Registry of the Court the sum of Five Hundred Dollars ($500.00) for Parcel No. 530 in accordance with the Order of Taking. -- Through negotiations the parties have reached a settlement agreement whereby the property owners, Perry L. And Margaret 1. Davis, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 98-29). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "A"). The Stipulated Final Judgment provides for One Thousand Dollars ($1,000,00) to be paid to the Respondents as full compensation for the property rights taken as to Parcel No.530. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of Five Hundred Dollars ($500.00) with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. FISCAL IMPACT: Cost: $500.00; to be obligated in the budget for FY 98/99. Fund: (313) Road Construction Gas Tax Cost Center: (163673) Surplus Gas Tax Road Construction Project Number: (60061) Livingston Road Extension (Golden Gate ParkwaylRadio Road) - GROWTH MANAGEMENT IMPACT: None. AGENDA ITEM. NO. :(.,(.r:y~) Iff!!.. 2 7 1999 Pg. I Executive Summary CC v. David R, Clemens, et al. Parcel 530 Page 2 RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; and 2. approve the expenditure of the funds as stated; and 3. direct staffto deposit the funds into the Registry of the Court. Prepared by: Heidi F. Ashton Assistant County Attorney Date -/// 7 <:,'./ /: (;.t""","l"l.. ./"/>~6</ , ..,j/ -j::; r.i'o.J -1-. ,-) -. / / Robert Wiley, Project Manager Office of Capital Projects Management Date Revie~.!d by: ~......./" ~~- /.. ..~ ...... ..".- > .--,,"";# ...- ~,~~ Ed Ilschner; Administrator Public Works Division 4- /1- '77 Date I 1/ David C. Weigel, County 4-/J-99 Date h:/ew/Executive Summary/CC v. Clemens Parcel 530 AGENDA ITEM NO, i {" (.:r:)(=}) /ff' ^- 2 7 1999 Pg. d .- IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA a political subdivision of the State of Florida, Petitioner, vs. CASE NO. 98-1393-CA CIVIL ACTION PARCEL: 530 DAVID R. CLEMENS and LUCILLE C. CLEMENS, et al. Respondents / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondents, PERRY L. DAVIS and MARGARET L DAVIS, for entry of a Stipulated Final Judgment as to Parcel No. 530, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to paid by Petitioner is the full compensation due the Respondents, PERRY L. DAVIS and MARGARET L DAVIS, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, PERRY L. DAVIS and MARGARET I. DAVIS, have and recover from Plaintiff, COLLIER COUNTY, FLORIDA, the sum of One Thousand Dollars ($1,000.00) for Parcel 530, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that the Plaintiff, COLLIER COUNTY, FLORIDA, shall deposit an additional Five Hundred Dollars ($500.00), subject to the approval ofthe Board of County AGENDA ITEM :\ NO. I c" (:r:)f d I Af~ 2 7 1999 Pg. '-.3 ~ ... EXHIBIT 'A ,I into the registry ofthis Court within 30 days ofthe date of this Stipulated Final Judgment; and it is further ORDERED that the Clerk of this Court shall disburse the sum of One Thousand Dollars ($1,000.00) to Respondents, by issuing a check payable to PERRY L. DAVIS, MARGARET L. DAVIS, ROBERT W. MATTSON, MARSHA A GIBBS, and ADV ANTA MORTGAGE (successor to M. Corp. d/b/a Alternative Lending Capital) and forward said check to Mr. Perry L. Davis, 3341 Millcreek Road, Salt Lake City, Utah 84109, it is further ORDERED that there shall be no costs or fees awarded in reference to the settlement for Parcel No. 530, it is further ORDERED that title to Parcel No. 530 as being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Plaintiff pursuant to the Order of Taking dated July 23, 1998, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2409, Page 1857 ofthe Public Records of Collier County, Florida be dismissed as to Parcel No. 530; it is therefor DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of .1999. Ted Brousseau Circuit Court Judge conformed copies to: Perry L. Davis and Margaret 1. Davis Advanta Mortgage Corp, Heidi F. Ashton, Assistant County Attorney Robert W. Mattson & Marsha A. Gibbs Bookkeeping CERTIFIED COPY, E. Weber, CLA, County Attorney's Office, Charge to: PWED -113-163673-60061 Kenneth A. Jones, Esquire Vincent Murphy, Esquire Joe W. Fixel, Esquire McAlpine (Briarwood), Inc. AGENDA ITEM. :"\ NO. I tv Cc )(-~ 1 /1-1' 12.. 2 7 1999 4 Pg. 2 JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties, hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment. Dated: yJ Iltt ~i t,?/'-'-'J PERR~A VIS ..... 3341 Millcreek Road Salt Lake City, Utah 84109 Pro Se Respondent Dated: .3- $)- c;r t-t.k j ~ HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 Assistant County Attorney 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (941) 774-8400 - Office (941) 774-0225 - Facsimile and JOE W. FIXEL, ESQUIRE Florida Bar #0192026 FIXEL & MAGUIRE 211 South Gadsden Street Tallahassee, Florida 32301 Telephone: (850) 681-1800 Facsimile (850) 681-9017 Attorneys for Petitioner AGENDA ITEM NO.lto CI X.~) liP/( 2 7 1999 3 Pg. 'J ... PROJECT NO. 0()()~ I PROJECT PARCEL NO. _530 FOLIO NO. 2.1767509325 slope & maintenance easement The West Fifteen'(15) feet Lot 13, Block B, Briarwood Unit One, according to the plat thereof, as. recorded in Plat Book 18, Pages 40 - 42, of th,e public records of Collier C.bunty, Florida. SUBJECT : E~~ting 30 rc-ct -' : E"ffer E3serr.ent ~OT NO, 13 15' B~-/.?/2'L-/u h h.hDATEP~~> GEOr.GE R. IUCH1\.IOND P,LS, 2~O(l '" .33;i i I'~. ~: ".!' 1!."J'i;I '!'RA!L ". ....;'!t~~i~. FLO~?!!)i\ :.~ 112 ~ -.. .. .": -. . N " . ;:. . SKETCH NOT TO SCALE - EXHIBIT ..~ I A Pg. (0 .- EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STIPULATED ORDER AS TO COSTS RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NO. 151 IN THE LAWSUIT ENTITLED COLLIER COUNTY v. RONALD BENDER AND MICHELE J. BENDER, Trustees Under That Certain DeclaratiOlf o/Trust Dated the 17h day of May, 1991, et a/., Case No. 98-1394- CA (Livingston Road Extension, Golden Gate Parkway to Radio Road) . OBJECTIVE: That the Board of County Commissioners approve the Stipulated Order as to Costs as full and final compensation to be paid for the expert fees and costs associated with acquisition of the easement on Parcel No. 151 for the Livingston Road Extension Project in the lawsuit entitled Collier County v. Ronald Bender and Michele J. Bender, Trustees Under That Certain Declaration of Trust Dated the 17th day of May, 1991, et al., Case No. 98-1394-CA. CONSIDERATIONS: On July 23, 1998, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road Extension Project between Golden Gate Parkway and Radio Road (Project No. 60061). ~ On January 12, 1999, the Board of County Commissioners approved the Stipulated Final Judgment whereby the property owners, Gilbert and Martha Mendes, were fully and fairly compensated for the property interests taken on Parcel 151. At that time, the fees for property appraisal and engineering services incurred by the property owners had not been determined. Therefore, jurisdiction for the assessment of these fees was reserved by the court in the Stipulated Final Judgment. Subsequently, the Respondents have filed a Motion to Tax Costs with the Court. Through careful negotiations, the County Attorney's Office has been able to reduce these costs to the County. The attached Stipulated Order As to Costs identifies the amounts to be paid to the Respondents as final payment of expert fees and costs as follows: Durrance & Associates, P.A. Landon, Moree and Associates Appraisal Fees/Costs Engineering Fees/Costs $4,500.00 $1,000.00 FISCAL IMPACT: Cost: $5,500.00; to be obligated in the budget for FY 98/99. Fund: (313) Road Construction Gas Tax Cost Center: (163673) Surplus Gas Tax Road Construction Project Number: (60061) Livingston Road Extension (Golden Gate Parkway/Radio Road) r- AGEND.A '15M NO. ~~U) i~PR 2 7 1999 Pg. ----L- GROWTH MANAGEMENT IMPACT: None, Executive Summary CC v. Ronald Bender et aL Expert Fees Parcel 151 Page 2 RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Order as to Costs; and 2. approve the expenditure of the funds as stated; and 3. direct staff to deposit the sum of$5,500.00 into the Registry of the Court. Prepared by: i JUt vL ) j~/l/~,----- Heidi F. Ashton Assistant County Attorney /7/ " ./; ,/ /l;' ~A1 ";',t.L ::1 Robert Wiley, Project Manager Office of Capital Projects Management Ed Ilschner, Administrator Public Works Division Approved by: David C. Weigel, Coun '~ttorney h:lew/Executive Summary/CC v, Bender Expert Fees ParcellSI <-(!I'-//~I Date 4. -. j/- 5"'? Date 4-1/, -91 Date 1-/4--99 Date AGENOI','1D4. r _) NO.~ APR 2 7 1999 Pg. d- IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, vs. RONALD G. BENDER and MICHELLE J. BENDER, Trustees under that certain Declaration of Trust dated the 17th day of May, 1991, et. aI., Case No, 98-1394-CA Parcel #151 (Gilbert Mendes and Martha Mendes) Defendants. I STIPULATED ORDER AS TO COSTS THIS CAUSE having come on for consideration upon the Stipulation for entry of an Order as to costs made by Petitioner, COLLIER COUNTY, and Defendants, GILBERT MENDES and MARTHA MENDES, and the Court finding that the reasonable costs to be paid by the Petitioner, COLLIER COUNTY, are full, just, and reasonable for all parties con- cerned, and the Court being otherwise fully advised in the premises, it is now therefore, ORDERED AND ADJUDGED: 1. That the Petitioner, COLLIER COUNTY, pay to Defendants' attorneys forthwith for distribution to the below referenced experts, as payment for reasonable expert fees and costs for Parcel 151, the sum of Five Thousand, Five Hundred and 00/100 DOLLARS ($5,500.00) in this cause, which are comprised of the following: Durrance & Associates, P.A. $4,500.00 $1.000,00 $5,500.00 Landon, Moree and Associates TOTAL COSTS 2. That the Petitioner, COLLIER COUNTY, deposit an additional Five Thousand, Five Hundred and 00/100 DOLLARS ($5,500.00), subject to the approval of the Board of County Commissioners, into the ReQistry of this Court within thirty (30) EXHIBIT Y NO. .\ ~ ) APR 2 7 1999 '2, Pg. - , A of this Order to cover payment for Defendants' final expert fees and costs. 3. That the Clerk of this Court shall immediately disburse, without further order of this Court, the sum of Five Thousand, Five Hundred and 00/100 DOLLARS ($5,500.00), to the Trust Account of Policastro & LeRoux, P.A., and forward same c/o Anthony V. Policastro, Esquire, Policastro & LeRoux, P.A., 26133 U.S. Highway 19 No., Suite 300, Clearwater, Florida 33763, for disbursement of expert fees and costs, 4, That no other attorney's or expert's fees and/or costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel No. 151. DONE AND ORDERED in Chambers in Naples, Collier County, Florida, this _ day of ,1999. Conformed copies to: Heidi Ashton, Esq. Joe W. Fixel, Esq, Anthony V. Policastro, Esq. Citizens National Bank of Naples Gulf American Land Corporation Collier County Tax Collector HONORABLE TED H. BROUSSEAU, Circuit Court Judge Certified copy to: Earlene Weber, County Attorney's Office MOTION FOR ENTRY OF ORDER The parties, by and through their undersigned attorneys, respectfully move for the entry of the foregoing Stipulated Order as to Costs. ~) ~idi Ashton, Esquire Florida Bar No. 0966770 Collier County Attorney's Office 3301 East Tamiami Trail Naples, FL 34112-4902 (941) 774-8400 Attorney for Petitioner Dated: Anthony V. Policastro, Esquire Florida Bar No. 0937932 POLICASTRO & LeROUX, P .A. 26133 U. S. Hwy. 19 No., Ste. 300 Clearwater, FL 33763 (727) 712-1137 Attorneys for Defendant: . Dated: AGEN~~~J~(~.) NO.. ~ APR 2 7 1999 Pg. --11- -2- EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STIPULATED ORDER AS TO COSTS RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NO. 148 IN THE LAWSUIT ENTITLED COLLIER COUNTY v. RONALD BENDER AND MICHELE J. BENDER, Trustees Under That Certain Declaration of Trust Dated the 1'J'h day of May, 1991, et ai., Case No. 98-1394- CA (Livingston Road Extension, Golden Gate Parkway to Radio Road) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Order as to Costs as full and final compensation to be paid for the expert fees and costs associated with acquisition of the easement on Parcel No. 148 for the Livingston Road Extension Project in the lawsuit entitled Collier County v. Ronald Bender and Michele J. Bender, Trustees Under That Certain Declaration of Trust Dated the 17h day of May, 1991, et al., Case No. 98-1394-CA. CONSIDERATIONS: On July 23, 1998, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road Extension Project between Golden Gate Parkway and Radio Road (Project No. 60061). ",-... On January 12, 1999, the Board of County Commissioners approved the Stipulated Final Judgment whereby the property owners, Wayne and Frances Switzer, were fully and fairly compensated for the property interests taken on Parcel 148. At that time, the fees for property appraisal and engineering services incurred by the property owners had not been determined. Therefore, jurisdiction for the assessment of these fees was reserved by the court in the Stipulated Final Judgment. Subsequently, the Respondents have filed a Motion to Tax Costs with the Court. Through careful negotiations, the County Attorney's Office has been able to reduce these costs to the County. The attached Stipulated Order As to Costs identifies the amounts to be paid to the Respondents as final payment of expert fees and costs as follows: Durrance & Associates, P.A. Landon, Moree and Associates Appraisal Fees/Costs Engineering Fees/Costs $4,500.00 $1,750.00 FISCAL IMP ACT: ,--' Cost: $6,250.00; to be obligated in the budget for FY 98/99. Fund: (313) Road Construction Gas Tax Cost Center: (163673) Surplus Gas Tax Road Construction Project Number: (60061) Livingston Road Extension (Golden Gate Parkway/Radio Road) GROWTH MANAGEMENT IMPACT; None. ~~E~ ) fH'1\ 2 7 1999 pg.1 . .. ~,-~.,_,__...",_"_.",,._~.,_..,.. ---~ ..."-~.,,,.._,.._~,..._...,..",. Executive Summary CC v. Ronald Bender et al. Expert Fees Parcel 148 Page 2 RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Order as to Costs; and 2. approve the expenditure of the funds as stated; and 3. direct staff to deposit the sum of $6,250.00 into the Registry of the Court. Prepared by: lto1 fAl ~~ H idi F. Ashton Assistant County Attorney /t/;.-c- ~/( Robert Wile~Oject Manager Office of Capital Projects Management Reviewed by: ~,/ /' Ed Ilschner, AI~'I1inj . Public Works Divlsi Approved by: h:/ew/Executive Summary/CC v. Bender Expert Fees Parcel 148 LfI/LfICZj Date 4-//-99 Date '. - 99 r!tJ-' I ~ Dat ~, . L AGENDA I~{ I.. ) NO. -1(&l_~..Jl:! ~rR 2 7 1999 Pg.~- \ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, RONALD G. BENDER and MICHELLE J. BENDER, Trustees under that certain Declaration of Trust dated the 17th day of May, 1991, et. aI., Case No. 98-1394-CA Parcel #148 (Wayne Switzer and Frances Switzer) vs. Defendants. I STIPULATED ORDER AS TO CQSTS THIS CAUSE having come on for consideration upon the Stipulation for entry of an Order as to costs made by Petitioner, COLLIER COUNTY, and Defendants, WAYNE SWITZER and FRANCES SWITZER, and the Court finding that the reasonable costs to be paid by the Petitioner, COLLIER COUNTY, are full, just, and reasonable for all parties concerned, and the Court being otherwise fully advised in the premises, it is now therefore, ORDERED AND ADJUDGED: 1. That the Petitioner, COLLIER COUNTY, pay to Defendants' attorneys forthwith for distribution to the below referenced experts, as payment for reasonable expert ;,':;:,3S and cost~ for Parcel 148, the sum of Six Thousand, Two Hundred and Fifty and 00/100 DOLLARS ($6,250.00) in this cause, which are comprised of the following: Durrance & Associates, P.A. $4,500.00 $1,750,00 $6,250.00 Landon, Moree and Associates TOTAL COSTS 2. That the Petitioner, COLLIER COUNTY, deposit an additional Six Thousand, Two Hundred and Fifty and 00/100 DOLLARS ($6,250.00), subject to the approval of the irt~~I)Jag-f.:~ I . \ _.--lJ.c.(~ 1I ) Ar?. 2 7 1999 Pg. _3 Board of County Commissioners, in , A '" the date of this Order to cover payment for Defendants' final expert fees and costs. 3, That the Clerk of this Court shall immediately disburse, without further order of this Court, the sum of Six Thousand, Two Hundred and Fifty and 00/100 DOLLARS ($6,250.00), to the Trust Account of Policastro & LeRoux, P.A., and forward same c/o Anthony V. Policastro, Esquire, Policastro & LeRoux, P.A., 26133 U.S. Highway 19 No., Suite 300, Clearwater, Florida 33763, for disbursement of expert fees and costs, 4. That no other attorney's or expert's fees and/or costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel No. 148. DONE AND ORDERED in Chambers in Naples, Collier County, Florida, this _ day of ,1999. Conformed copies to: Heidi Ashton, Esq. Joe W. Fixel, Esq. Anthony V. Policastro, Esq. Citizens National Bank of Naples Gulf American Land Corporation Collier County Tax Collector HONORABLE TED H. BROUSSEAU, Circuit Court Judge Certified copy to: Earlene Weber, County Attorney's Office MOTION FOR ENTRY OF ORDER The parties, by and through their undersigned attorneys, respectfully move for the entry of the foregoing Stipulated Order as to Costs. @idi Ashton, Esquire Florida Bar No. 0966770 Collier County Attorney's Office 3301 East Tamiami Trail Naples, FL 34112-4902 (941) 774-8400 Attorney for Petitioner Dated: Anthony V, Policastro, Esquire Florida Bar No. 0937932 POLICASTRO & LeROUX, P .A. 26133 U. S, Hwy. 19 No., Ste. 300 Clearwater, FL 33763 (727) 712-1137 Attorneys for Defendant: S ' Dated: AGENDA IT1t){d\ NO. __l~. '1 '.1 A PR ( 7 1999 Pg. L{ 2 -. EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NOS. 117B AND 517 IN THE LAWSUIT ENTITLED COLLIER COUNTY v. DOANE-KEMPFER JOINT VENTURE" et at., Case No. 95-5071- CA-OI-TB (Vanderbilt Beach Road Extension - Four-Ianing Project). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement on Parcel Nos. 117B and 517 for the Vanderbilt Beach Road Extension - Four-laning project in the lawsuit entitled Collier County v. Doane-Kempfer Joint Venture, et al., Case No. 95-5071-CA-TB. CONSIDERATIONS: On April 8, 1996, an Order of Taking was, entered in Collier County Circuit Court regarding the acquisition of easements for the Vanderbilt Beach Road Extension - Four-Ianing project (Project No. 67021). On April 8, 1996, Collier County deposited with the Registry of the Court the sum of Two Thousand Six Hundred Thirty-Five Dollars ($2,635.00) for Parcel Nos. 117B and 517 in accordance with the Order of Taking. ~ Through negotiations, the parties have reached a settlement agreement whereby the property owner, Summerplace Condominium Association, Inc., will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolutions of condemnation (Resolution Nos. 95-327 and 95-328). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1 "). The Stipulated Final Judgment provides for Two Thousand Six Hundred Thirty-Five Dollars ($2,635.00) to be paid to the Defendants as full compensation for the property rights taken as to Parcel Nos. 117B and 517. The parties have agreed to the following conditions which are made a part of the Stipulated Final Judgment: 1. Collier County acquired a parcel of land described in Exhibit B by quitclaim deed in order to provide Summerplace Condominium Association, Inc. access to Pelican Ridge Boulevard. This parcel ofland was accepted by the Board on January 26, 1999 and is evidenced by the quitclaim deed recorded in Official Record Book2512, Pages 596 - 598. 2. Collier County shall construct the driveway, as depicted in Exhibit C, at no cost to the Summerplace Condominium Association, Inc., and Defendant, Summerplace Condominium Association, Inc., grants Plaintiff a right-of-entry to complete the driveway for the duration .",--. of the construction. Construction of the driveway shall be completed by AGEND.6:d?f.M) No. , G: 't APR 2 7 1999 Pg. -1, Executive Summary CC v, Doane-Kempfer, et al. Parcels l17B & 517 Page 2 3. Summerplace Condominium Association, Inc. shall maintain said driveway and the abutting strip of land in accordance with minimum maintenance and safety standards adopted by Collier County at the Association's sole expense. 4. Collier County shall pay Summerplace Condominium Association, Inc. Three Thousand Nine Hundred Dollars ($3,900.00) towards the cost of a landscape buffering system consisting of plantings which may be installed along the frontage of either Vanderbilt Beach Road or Pelican Ridge Boulevard. 5. The Summerplace Condominium Association, Inc. shall be responsible for the placement and maintenance of any landscape buffering system that it desires to install along the frontage of either Vanderbilt Beach Road or Pelican Ridge Boulevard. The landscape buffering system shall consist of plantings which do not interfere with the safety and operation of either Vanderbilt Beach Road or Pelican Ridge Boulevard. 6. The Summerplace Condominium Association, Inc. shall apply for a right-of-way permit which is necessary for the construction of the driveway and/or for the installation of the landscape buffering system. Collier County shall assist the Summerplace Condominium Association in obtaining said permit. 7. Collier County shall relocate the existing trash dumpster to a location designated by Summerplace Condominium Association, Inc, Summerplace Condominium Association, Inc. shall notify the Transportation Services Department of the new location for the trash dumpster within fifteen (15) days of the execution of this Stipulated Final Judgment. The Stipulated Final Judgment also provides that Collier County ~ l'all pay the Defendant's reasonable attorney fees in the amount of Seventeen Thousand D:J:;, 5 ($17,000.00) and expert fees in the amount of Three Thousand Two Hundred Thirty Dollar~ tJl3,230.00). The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of Twenty-Four Thousand One Hundred Thirty Dollars ($24,130.00) with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. FISCAL IMPACT: Cost: $44,130.00; to be obligated in the budget for FY 98/99. Fund: 331- Road Impact Fee District I North Naples Cost Center: 163650 - Road Impact Construction -- Project Number: 67021 - Vanderbilt Beach Road Extension - Four-Ianing AGENDA lTEM No. Itf I. (F) ) APR 2 7 1999 ~ Pg. Executive Summary CC v, Doane-Kempfer, et al. Parcels 117B & 517 Page 3 A summary of the costs associated with this transaction is as follows: * Landscape Buffer plantings * Attorney fees and expert fees * Construction of access driveway (approximate cost) Total $3,900.00 $20,230.00 $20.000.00 $44,130.00 GROWTH MANAGEMENT IMPACT: Management Plan for CIB Project No. 023. Consistent with the Collier County Growth RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; 2. approve the expenditure of the funds as stated; and 3. direct staff to deposit the sum of$24,130.00 into the Registry of the Court. Prepared by: MJd, L j; IAA Heidi F:-"Ashton AS~ -- 3(2ZI(~ Date , roject Manager epartment 3/31 Iff. Date I I Reviewed by: ~~~ Ed IIschner, Administrator Public Works Division f-q?1 Da Approved by: 1-1- f 9 Date h:/ew/Executive Summary/CC v. Doane-Kempfer Parcel 1178/517 AGENp~j!cE~ No. 5 APi~ 2 7 1999 .j Pg. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CNIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Plaintiff, v. Case No. 95-5071-CA-01-TB Parcel Nos. 117B & 517 DOANE-KEMPFER JOINT VENTURE, et a1., Defendants. / JOINT MOTION FOR STIPULATED FINAL JUDGMENT Plaintiff, Collier County, Florida and Defendant, Summerplace Condominium Association, Inc., by and through their undersigned counsel, hereby move the Court to enter the Stipulated Final ~arcel Nos. 117B and 517 attached hereto. WILLIAM E. STOCKMAN, ESQ. DeBoest Knudsen P. O. Box 1470 _~ Ft. Myers, FL 33902 Phone: (941)334-1381 Florida Bar No. 240958 @ HEIDI F. ASHTON, ESQ. Assistant County Attorney Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 Phone: (941) 774-8400 Florida Bar No. 0966770 Dated: :3/ fit 1 Dated: ~ ,.-... ATTORNEY FOR DEFENDANT, SUMMlliRPLACECONDOM~ ASSOCIATION, INe. ATTORNEY FOR PLAINTIFF EXHIBIT AG~C lT~) No. ) c-:: I , APR 2 7 1999 1-/ Pg. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AATI FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Plaintiff, v. Case No. 95-5071-CA-01-TB Parcel Nos. 117B & 517 DOANE-KEMPFER JOINT VENTURE, et aI., Defendants. I STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon a Joint Motion made by Plaintiff, COLLIER COUNTY, FLORIDA, and Defendant, SUMMERPLACE CONDOMINIUM ASSOCIATION, INC., by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel Nos. 117B and 517 in the above-styled case, and it appearing to the court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Plaintiff is the full compensation due the Defendant, SUMMERPLACE CONDOMINIUM ASSOCIATION, INC., and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Defendants, Charles Senatore and Pearl M. Calhoun, who have each given their written consent for SUMMERPLACE CONDOMINIUM AGENDA ITEM) No. -IlP:x:. (5 APR 2 7 1999 .s Pg. ASSOCIATION, INC. to act on their behalf in this condemnation suit are forever barred from making any individual claims against Plaintiff by the execution of this Stipulated Final Judgment. ORDERED that the Defendant, SUMMERPLACE CONDOMINIUM ASSOCIATION, INC., has and recovers from the Plaintiff, COLLIER COUNTY, FLORIDA, the sum of Two Thousand Six Hundred Thirty-Five Dollars ($2635.00) consisting of Two Thousand Eighty- Eight Dollars ($2088.00) for Parcel ~o. 117B, road right-of-way in fee simple, and Five Hundred Forty-Seven Dollars ($547.00) for Parcel No. 517, slope easement as full payment for the property interests taken and for any damages resulting to the remainder, if less than . ~ , f". . ~re property was taken, and for all other damages in connection with said parcel; it is furt})er ORDERED that the property interest taken as Parc(~ :-';0. 117B \.road righL<''';:;Y .;~, fee simple) and Parcel No. 517 (slope easement) being fully dc..:ribed in Exhibit "A" attached hc'l( <) and incorporated herein, which vested in the Plaintiff pursuant to the Order of Taking dated April 8, 1996, and the deposit of money heretofore made, is approved, ratified and confirmed; and it is further ORDERED that the following agreement as to certain conditions between the parties, subject to the approval of the Board of County Commissioners, is hereby ratified and confirmed by the Court and the parties shall comply with the terms hereof: 1. The parties agree that Collier County acquired a strip of land, as described in Exhibit B, which abuts the property owned by SUMMERPLACE CONDOMINIUM ASSOCIATION, INC., and Collier County will provide SUMMERPLACE CONDOMINIUM AGENDA ITEM ) No..J It :r.(~ 2 APR 2 7 1999 q; pg. - ASSOCIA TION, INC. physical access to Pelican Ridge Boulevard via a driveway to be constructed on said strip of land. 2. The Plaintiff shall construct the driveway, as depicted in Exhibit C, by the Collier County Transportation Services Department, at no cost to the Defendant. The construction of the driveway shall be completed by November 1, 1999. Defendant, SUMMERPLACE CONDOMINIUM ASSOCIATION, INC., grants Plaintiff a right of entry to complete the driveway for the duration of the construction. 3. Defendant, SUMMERPLACE CONDOMINIUM ASSOCIATION, INC. shall maintain said driveway and said abutting strip of land in accordance with minimum maintenance and safety standards adopted by Collier County at Defendant's sole expense. 4. The Plaintiff shall pay Defendant, SUMMERPLACE CONDOMINIUM ASSOCIATION, INC., Three Thousand Nine Hundred Dollars ($3,900.00) towards the cost of a landscape buffering system consisting of ficus 'or similar plantings which may be installed along the frontage of either Vanderbilt Beach Road or Pelican Ridge Boulevard. ~ The Defendant, SUMMERPLACE CONDOMINIUM ASSOCIATION, INC., shall be responsible for the placement and maintenance of any landscape buffering system that it desires to install along the frontage of either Vanderbilt Beach Road or Pelican Ridge Boulevard. The landscape buffering system shall consist of plantings which do not interfere with the safety and operation of either Vanderbilt Beach Road or Pelican Ridge Boulevard. 6. Defendant, SUMMERPLACE CONDOMINIUM ASSOCIATION, INC., shall apply for a right-of-way permit which is necessary for the construction of the driveway and/or for the AGENDA iTEM ') No. J(i:t (5 3 AfJR 2 7 1999 1 pg. ,,-. installation of the landscape buffering system. Plaintiff shall assist Defendant, SUMMERPLACE CONDOMINIUM ASSOCIATION, INC., in obtaining said permit. 7. Plaintiff shall relocate the existing trash dumpster to a location designated by Defendant, SUMMERPLACE CONDOMINIUM ASSOCIATION, INC. Defendant, SUMMERPLACE CONDOMINIUM ASSOCIATION, INC., shall notify the Collier County Transportation Services Department ofthe new location for the trash dumpster within fifteen (15) days of the execution of this Stipulated Final Judgment. ORDERED that Defendant, SUMMERPLACE CONDOMINIUM ASSOCIATION, INC., receive from Plaintiff as a reasonable attorney fee the sum of Seventeen Thousand Dollars ($17,000) and expert fees in the sum of Three Thousand Two Hundred Thirty Dollars ($3,230.00). No other attorney fees or costs shall be awarded, except as otherwise provided herein, in connection with the above-sty led cause of action as it relates to Parcels 117B and 517; and it is further ORDERED that the Plaintiff shall deposit the additional sum of Twenty-Four Thousand One Hundred Thirty Dollars ($24,130.00) into the Registry of this Court within 30 days from the date of Stipulated Final Judgment, subject to the approval of the Board of County Commissioners; it is further IT IS FURTHER ORDERED that the Clerk of this Court shall disburse the total amount of Six Thousand Five Hundred Thirty-Five Dollars ($6535.00) to DeBoest Knudsen Trust Account, c/o William E. Stockman, Esquire, P. O. Box 1470, Fort Myers, Florida 33902, less any amounts previously paid for the benefit of Defendant, SUMMERPLACE CONDOMINIUM ASSOCIA TION, INC.; and it is further AG~~AilM ) No. ' .s 4 .~ Pi~ 2 7 1999 <f Pg. ORDERED that the Clerk of this Court shall disburse the sum of Twenty Thousand Two Hundred Thirty Dollars ($20,230.00), being the Defendant's attorney fees and expert fees, to DeBoest Knudsen and forward same c/o William E. Stockman, Esquire, DeBoest Knudsen, P. O. Box 1470, Ft Myers, Florida 33902; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida, DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of , 1999. Ted Brousseau Circuit Court Judge conformed copies to: Vincent Murphy, Esq. Heidi F. Ashton, Esq. William E. Stockman, Esq. Charles F. Senatore Pearl M. Calhoun Earlene M. Weber, Legal Assistant for County Attorney's Office (Certified Copy) Charge to 331-163650-651210-67021 AGENDA HEM No. lio::J;: C~ APR 2 7 1999 Pg. 9 5 ~ . ".....,.--- ~ . t::.\llll\LT 'A" (\ Pro . The followin9 d ib d PROJECT: NO. 670'2:, ; in f i escr e property is to be acquired PROJECT PARCEl. NO: ....l..l.2.J! ee s mple_ TAX PARCEl NO. SteT/ON 34, TOWNSHIP 48 SOUTH, RANGt 25 EAST COLLIER COUNTY, FLORIDA LAND DESCRIPTION: AU. mAT PART or lOT 2. TRACT B. PtH( Rl()(X SCCOND CXTf}lSlON RCPU.T, AS RCCORDE:O IN PlAT BOOK J2. PACES ~1-Sl!. PUBUC RECOROS or COI..LIER COUNTY. FLORIDA. BONG I.IOR~ PNWcuu.RL.., OCSCRtBm ~ FOlLOWS: COMMEHONC loT 7HE HOR~1ERl.Y CORH(R ex'" SAID lOT 2; lHE:NCf: CAS~Y ALONG 7HE HOR1HERlY UNE: OF SNO LOT 2. IoHD THE: loRe OF 10 ORCUl./oR aJR~ COHCA\'E SOU1liERt.Y NIO HAIr1HC A RADIlJS OF ~960.00 FeCT. THROUCH A, COnRAL N<<:t.E. or OO1ng- AN ARC OtSTAHCC OF .JO.02 nIT TO All IN1t'RSECnON WlH JliE E:AS1'C:RlY LK OF 10 30 FOOT MW( , unurr ~etT AS $HOItH ON SAfO Pt..AT SAID IHTERSCCl10N BDHC THE POiNT OF BEGINNING or JHf: PARCEl HER( SDHC ~ro; ~ CONTlNU( ('AS1tRL.Y ALONG $NO Ho. '1([R(.Y UN( OF SJIJO lOT 2. ~ AL.ONG THe ARC OF $NO OROJI..AR ClI .'(. flCRO<JGH A aNTRAL. ANCtE Of' OI'''..Jr AN ARC orsTANCt: OF '2~.f11 ~.T; THENCE UA,\IlNC SAIO NOR7HERLY UN( OF ~\JO LOT 2. scum ~~'2"- Kf:ST f2'1.27 FEIT TO AN IHTE:RSf:CTlON ttfl'l-t 7HC CASTCRl.Y UHf: OF A JO rOOT MDE unu TY U.SOAEN r ~ SHO~ ON SAlO PlIo T: 1HENCf: HORI'l-t 00:38'.1-4- ~ST ALONe SAID (,i4.STCRN UHf A OIST.4NCE OF ", 1..J.J6 FEn TO mE PC.NT OF BEGtNNlHC OF 7HE PARctl. H{RDN OES~/Bro; CONTAlNINC 855.43 sou~ nIT Of' U.Hf) "'ORE OR ILSS: SUBLCT TO EASE/otENTS #<If) RE:S7RtCTlOHS or RECORD. " AGENDA ITEM ) No. I (0 :t. l~ APR 2 7 1999 10 Pg. BCARINGS ARC BASCO ON THE SO,!T1-1[Rl Y RICH T -OF - 11'''' Y L./NE or VANDeRBILT BEACH ROAD BElNC S lJO"08'2D. C AS SHOl'rN ON n Ie PLA T or PELICAN SA Y, UNIT IT:N. AS RCCORDeD IN PLA T BOOK 15. PAces 6~-6 7 rU8UC R[CORDS. COLLIeR COUN TY, FLORIDA. l PREPARED BY; ...... J :::: BY: ..... ..... .CI... ..."0_ ::::~: Uf'(OACE~ Pf"OC......~l cnc1n..n. planO'en. -' '-nc1 .ur....ro" ....... 4;hT'koI: 1400 t--.k.Mi n-..a.. ~; tc...._. n. $1'M.I I'''! ""'~111' a.- C.-at,. n. ." :J:n-'t La r.... ." _-<<:rM SHEET 2 or :1 Pro~_~t Parcel 1178 ":XHIIlIT "A" _. i . I The following oescribed property is to be acquired PR~CT: NO, 67022 in fee simple, PROJECT PAACEL NO: ~ TAX PARCEL NO. SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 CAST COLLIER COUN TY, FLORIDA LAND DESCRIPTION: SEE SHEET 2 OF 2 ~ N o SKETCH OF LAND DESCRIP110N (NOT A SURVEY) HICKORY ROAD (70' R,O. w.) P.O.C. ~ PINE RIDGE SECOND EXTENSION REP / (P.s. 12. PGS. 57-58) BEARINGS ARC 8ASED ON THE SO~TH[RLY RIGHT-OF-WAY LlN OF V BEACH ROAD BCING S BO"OB'20' [ AS S110l'rN ON niE PL..-U OF PC AS RECORDED IN PLAT 600K '5. PAGES 64-67 PUBLIC RCCORDS, COlLIER COUNTY. flORiDA P.O.C. = POINT OF COMME.NCEIvIENT P.O.B. = POINT OF BEGINNING ~,O.\,>,: = RIGHT OF-:W^Y . C ' '/ rc.c.,. VIA E Q. AGN SCALE: '-. . OR AWN ey:~", DATE: liAR 17 ,Q95 CHECKED ey:~ . 'PROJECT NO.:~ SH(ET 1 Or 2 flLE NO:~ ACAO NO: RIW ~.DS-:l5 , PROPOSED IR.O.W. PARCH I _---~ 1 ~~ " ~ I ......\ ., I I I 1 I I I 1 LOT 14 PREPARED BY: SOLE: " - ~. .-- LI - 0011"9' R - 60.00- o .... S SS"50'2.-W 12..27 N OO'.J8'J4"W I.J. J6 ;t ~ '"' "" '"' ). V> ,., I:: ,., 2 .... , LOT 2. TRACT "B" SUMMERPLACE I, A CONDOMINIUM (O.R. 873. PG, 79) T J BY: .... ::::... CHOU ..1:1.<< .1:.... ...a. ....e.. :::::: UHOACE..-:- Prolc-nSooaI .nc1J:l...n" rl.n.n....... 6: Ilt,l\et ....r-TO" Wu.- o:n- '7400 T~ T.-...J.L ~ IC.,"- n. s"" Ill'! "T-~III L- c..-t.t. n. en 131-1111 r....: .u ...-11"<" ( /-~j I::Xll!urr (A ,! Pr~ ct P~rc~l ~'7 The follolo/inq described property is to be acquire"" rRO~CT; NO. 67024 as a slope easement. PROJECT PARcn NO: ~ TAX PARCEl NO. SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA LAND DESCRIPTION: AU. J'HAT PART OF lOT 2. TRJ\CT B. PINE: RtOGE. SECOHO EXIVlSlON. RE:PlAT. AS RECORDa> IN PtAT BOOK '2. PAC(S 57-54 PUBUC Rf:COROS OF COWER COUNTY. FLORIDA.. (J(INC MORE PARllCUl..ARt.Y O(SCRJ8E:D AS FOUOWS: COI./ME:NaNC AT mE: NORml+E'S7ERt.Y CXJRHER OF SAIO LOT 2. 7HENCC CASTrRLY 1U.00C THe NORTHERLY UNf: OF SNV LOT 2. Nro nlC AAC OF A C1RCI../t.I.R CURVE. CONCAVE" SOUlH[RlY NIO 'U.""NC A IW:JftJS OF' 5960.00 FCrT. niROUCH A ceNTRAl NICU OF OJ7~'56- M ARC DlSTANCC OF 1.s~.IB rrrr TO JHC POINT OF (J(QNN1NC OF lH( PARCEl. HERDN BDNG DES~/SE:D; 71fE..NCC CCHnHVE: ALONe SAID NORTHCRJ. Y UHf: or S.4JO LOT 2 .AND THE: MC OF' SAJO ORClA.AR OJRl,f;. CONCA VE" SCUJHCRt Y AND HA VlNC A RADIUS OF :;960.00 nIT. '7I-IROVCH J\ (;O(TRAL AHCt.C OF 0CrlJ"20- AN ARC DlSTANCC OF 2.3.'2 FaT; . nfOiCC (,CAY/He SAlO NORlHERlY UNC OF $NO lOT 2 SOOTH lS"~I'.56- ~ST H7.8lS FU:T TO AN INTE'RS(CnON "'not 71iC CAS1ER1.Y UHf: OF A .30 FOOT ~ U7lI..ITY u.scM(NT AS SHOI'tN ON SAlO PVtT: TH(NCC NORm 00'.JB'.3<4- ~ST 1U.0NC SAID fASTERLY UN(; A DlSTANCC OF 8.7-4 n:n: 711f:NCE LEltVlNG SAID f:ltS1['RLY '-'HE NORTH 8SSQ.2-4- VST 12-4.27 FrrT TO 71iC P04NT OF BEGINNING OF mc PAACa 1if:REJH OCSCRIBCD; CONTAiNINC BI....9~ SOUARE FaT OF u.HO MORE OR L.CSS: SU8~CT TO CASEM(NTS /\NO RCSTRICllONS OF RECORD. " " """- ~j l AGENDA ITEM:: \ No. ~....J APR 2 7 1999 ,a., Pg. (J(IIRINCS "'R[ BAsm ON THE SOUTHeRLY RIGHT-or-WAY LINE BEAOi RO/ID SEING S BO"08'20' E "'S SHO~ ON lH( PLAT OF PELICAN BAY. UNIT TEN, AS RECORDED IN PLAT BOOK 15. PAGES 64-67 PU8L1C RECORDS. COLLIER COUNTY. HORIOA. ,- PREPARED (3'(: ..... .... .... ..... .c... ..... ....... :::::: U~DACE.,IIC. Prot...s.on.l .1:).(lo<.n. p....nG.n. .. 1~0l4 _""'"""70Ml k.J.a 0<'r\0e0eI T<t" T~ T"r-A. ......u..:. IC_,.I_. n. )39U to,,! tt1'-IB. L- c-.C;J. n. .u U1-2IU '.r. .,:a 1ooA-~ I I .. BY: L ,( . WA'fN D. .AGN~' ~l.. NO. 5.335 SCALE: N.T s. :. ORA~ 8"':~ , . ...T(: MAR 17 1<l95 OiEO<EO BY:JJI2.6 I PROJfCT NO.:~ flU: NO: ~j35 ACAO NO: R 1W-4:3:35-:36 J D[R .. SHEET ':l OF 2 1-:.\;1I11IlT "A -: Px ct Parcel 517 The following described property is to be acquired rR~CT: NO. 67022 as a slope casement. rR~CT PARCEL NO: -2l2 TAX PARCEL NO. SECTION .34, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY. FLORIDA ~D DESCRIPTION: SEE SHEET 2 OF 2 .... SKETCH OF LAND DESCRIPTION (NOT A SURVEY): ~ N o SCML: ,. - 50' - , 'I I. I; II HICKORY ROAD (70' R.O. W.) PRoPOseD VI\1'IOfRB/l BEA01 ROAD ~ ~ 7trSS- R - 5960. ,4. - '54.1B at - 154.18 CHS - N tlB"08'I7"W P.O.B. <:) '" ~ - oo"lJ'20" - :5960.00 A - W2 at - 2J.12 atB - S 8nl'09"E N B5~':Z4-r 12~ - - - :::. :::. -s6J::;r-56:W-147.BS N OO'JS'J4"W 8.74 I I - - ---.. I , , I " '1 I LOT 14 I I I I I I I .... o :. r- r- ,., -( ..., :. Vl ..., ~ ..., ~ ..... . . LOT 2. TRACT. "B'" SUMMERPLACE I, A CONDOMINIUM (O.R. 873, PG. 79) PINE RIDGE SECOND EX] ENS/ON REPL (P.B. 12, PGS. 57-58) AGEN ITEM.\ . ltt~l5J ~ ~ OEARJNGS liRE OIlSED ON THE SOVTHV?lY RIGIIT-or-WAY LINE BEliCH ROllO BONG S 80iJtr:zo. E ,0.5 SHOlloN ON lHE PllI r OF PEU AS RECORDED IN PLAT BOOK 15. PAGES 64-G7 PUBLIC RECORDS. COL COUN P.O.C. = POINT OF COMMENCEMENT . P.O.8. = POINT OF BEGINNING R.O,W. = RIGHT-OF/WAY BY: L /;.,1' ..1 .' ' . :' -,' 't'I'.l.)'NEi'O:"" AGNdI. P.L . 'NO. 5335 SCALE: 1.' -' 50' . ORAWN8Y:.~""" 0'" : I.lAR 17 1~ CHEO<ED BY:...YfilA PROJECT NO.:~ SHEET ,... OF 2 flU:: NO:~ ACAQ NO: R f'ti ".3.35-~6 PREPARED OY: ...tlft' :::~ CNOU ..... ..... ...... ...... :::::: U~DACE~ Prc,("...I(l~J ..o,to.-."". pteN141n. lit lecd .u.r.....~" w..Ja 0""'" 1404C1 T~ T'r..J1. JI.~: IC.,I_. n 1:...3 \"'1..,..,-1111 .... c....\7. rL en ~'-1UI ~ t"....--c:z::: U!:R 4: OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO. PROJECT PARCEL NO, TAX PARCEL NO, L. '1 :, C; /)1 c;;J 00 oLf- .t?tJ~ ( SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) A PORTION OF BLOCK 2 OF 1"lfE PLAT TIlEREOF" PINE RIDGE SECOND EXTENSION REPLAT". AS RECORDED IN PLAT BOOK 12, PAGES ~i' .': 'S OF TIlE PUBLIC RECORDS OF COLLIER, COUNTY, FLORIDA, AND BEING MO?.E PARTICULARLY DESCRIBED AS FOLLOWS; BEGIN AT THE SOtJrnWEST CORNER OF "SUMMERPLACE", A CONDOMTNIU' '.'.S RECORDED IN OFFICIAL RECORD BOOK 873, PAGE 79, OF THE PUBLIC RECo;,;, .IF COLLIER COUNTY; THENCE NORn! 0 DEGREES 38 MINUTES 54 SECONDS '\ ':',:;.. ALONG THE WEST LINE OF SAID BLOCK 2 A DISTANCE OF 258,27 FEET; T" SOtJrn 89 DEGREES 21 MINUTES 06 SECONDS WEST, A DISTANCE OF 1:', . j ::1"; THENCE SOtJrn 0 DEGREES::>8 MINUTES 54 SECONDS EAST ALONG A :"lNE LYING 30 FEET WEST, AS MEASUR'j PERPENDICULAR TO, SAID EAST LINE OF BLOCK 2 A DISTANCE OF 313.27 FEF rHENCE NORm 89 DEGREES 21 MTNUTES 06 SECONDS EAST, A DlSTANLi:. OF 30.00 FEET; TIlENCE NORn! 0 DEGREES 38 MINLrfES 54 SECONDS WEST ALONG TIlE EAST LINE OF SAID BLOCK 2 A DISTANCE OF 5500 FEET TO TIlE POINT OF BEGINNING; SAID DESCRIBED TRAcr CONTAINING 0.216 ACRE (9,398 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE EAST LINE OF SAID BLOCK 2 BEING NORTH 00 DEGREES 38 MINUTES 34 SECONDS WEST. PARCEL SUM. 2 ORAWN BY: .... \ CI1ECXED BYJ SC~: . : ., JO~T~: I EXBBIT I q>~e.. , ...J; ~ C//ZU f'~?hf et~. RICH'MOND - DATE: PROFESSIONAL LAND SURVEYOR #2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNT" GOVERNMENT COMPLEX 3301 E TAMIAf,l: fRAIL NAPLES FLORIDA 34112 L".. -. Pg. /4 SHEET ::1)F ..;;'.:,) DRAWN BY: OFFICE OF CAPITAL PROJECTS 3301 EAST T AMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION /j/' I \ \ t l~ I~ \~ >- \~ \S \g I \ \ \ HICKORY ROAD 5960' __ (PREVIOUSLY "..t ~ ACQUIRED) o 0 ~ :2 S.89'21'26"W. 30.00' SUMMER PLACE 1 CONDO O.R. 873 PAGE 79 P.O,B, ----- 30.00' N.89'2"26"E, PELICAN RIDGE GENERAL NOTES D P,o.C, Indicates Point of' COMMenceMen't 2) P.D.B, Indicates Poln't of' BegInning , 3) Sec, Indicates Section EX H I B IT] 4) Twp, Indicates Township B 5) Rge, Indicates Range 6) R/'W Indicates Rlght-of'-way <P"";;S<- 3:. ,-<; ];;. 7) (1,11 distances are In' f'eet and deciMals thereof' 8) Basis of' bearIngs Is the North line of Block 2 being N,OO.38'34''W. 9) Not valid unless signed and sealed with the eMbossed seal of the proFessional land surveyor CHECKED BY: SCALE: NOT TO SCALE THIS IS ONLY A SKETCH FILE NO,: AGEN No. AP~ VBR-02 SHEET 2 OF 2 Pg. /5 ___n__ _ _ _, _ _____ _nn___ -- --- - - ---- - - - - - - - ------ -- - - --- --- --. ~ ,f!- SCALE: 1"= 20' CONSTRUCT 24' WIDE ASPHAL T DR/VEWA Y 2" TYPE S-1 ASPHAL~ 6" LlMEROCK BASE AND r 2" STABILIZED SUBGRADE EXI~ CRC RDv S-{ CONTRACTOR TO RELOCA TE GARBAGE DUMPSTER PER CONDOMINIUM A2~~Qtb,. "')6~ ~ -8" FM...;,... -~ .. _..__.._.......~......~_..~_..::-:::.._------_...__..._..._- ..--------:.---. ~ - - - - - a"SAN =--- -----.-8--~:------------------- ----- ___.______..gJi.___ _n______ ____on ------------------------:j - -8)---------------- ----__- ,., " ~ ~- ~2.'_RCP__._________________ .--=-------.--..........----a. C';;;----- _____________n_____ - _ _ _ _ A rrM - - :' 35 --- ---- lC)f::i '~a C'.Ia c.o , . lC)::i ~a lOa '<t . " ~ !'. ~ ~ .- . ~ ' ...,', ,.' R~OCA T[ HYDRANT . BEGIN TRANSITl. , AS SHOWN ,:... " MATCH EXISTINI, .=-=_=_-=_=_=_==-=-=-=--=-=-=-=--=-=-nr.:.=- ---~-=-=-=-~-='=-=-~-=-=---PROPOSED=-. -=-" ::7~: -~ 12' ALLEY" .' .....;~. EASEMENT .; , :' VARIES VARIES , VARIES 6' SOD SOD SHOUL R (30+90 TO 1.of 37+60) 30' ALLEY EASEMENT Fe. SURVE:Y 15' 1a' 30' UTILITY EASEMENT MA TCH EXISTING ,GRADE ' :z o i::: () lJ..::l o~ I-Vl -:2 ~o :J(.) r.5~ ~ CONST. :. .", MATCi Dasn ':. .GRADI .: _ :,",- J 1 "AX.' ,1 : m .::';J " ..>....:;..(:.. :-', ~::.. ", . ,.... .. .. ~ MA TCH EX/STING SWALE BOTTOM GRADE BETWEEN 5-61 &: $-6J c SECTION C-C . @2" TYPE S-1 ASPHALTIC 'CO @6" LlMEROCK BASE LBR 100 . @12" STABIlizED SUBGRADE M ~_., '. I .' ,., . " , , ' Ir<12.;' ", . ~ :.. J RET[:'., . . L8R~gNP~l~' APR 2 7 1SS9 14;; Pg. Ex h ~ b :t Q.. .- EXECUTIVE SUMMARY PETITION NO. SV-99-01, JAMES MCVEY REPRESENTING PARK CENTRAL DEVELOPERS OF NAPLES, INC. REQUESTING A 5 FOOT VARIANCE FROM THE REQUIRED SETBACK OF 15 FEET ESTABLISHED FOR SIGNS TO 10 FEET ALONG AIRPORT ROAD AND YMCA ROAD FOR A GROUND SIGN LOCATED AT THAT INTERSECTION. OBJECTIVE: The petitioner is requesting the above described variance in order to relocate a ground sign for a new office complex. CONSIDERATIONS: The Collier County Land Development Code (LDC) allows one pole or two ground signs for properties with 150 feet or more of road frontage on a single road. The setback established for all pole and ground signs is 15 feet from all property lines. The petitioner is requesting to install a ground sign 10 feet from the property lines along Airport Road and YMCA Road. Originally the applicant had requested a 14.5 foot variance along YMCA Road and a 10 ~ foot variance along Airport Road. However, at the CCPC meeting, the applicant amended the variance request to reduce the amount of variance requested. Staff had originally recommended denial of the variance, however, at the Planning Commission meeting after hearing the revised request staff changed it's recommendation to approval. The recommendation for approval was based on the fact that the YMCA Road is a dead end road with a very little traffic and along Airport Road this property is separated from the Airport Road ROW with a very wide canal. The Collier County Planning Commission reviewed this petition on April 1, 1999 and by a vote of 6-0 recommended approval. This petition does qualify as a Summary Agenda item. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. r~' HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. AGENDA ITEM No. /7 A APR 2 7 1999 1 P~. / PLANNING COMMISSION RECOMMENDATION: That the Board of Zoning Appeals approve SV-99-1 subject to all CCPC stipulations. PREPARED BY: ~fGj~ ~'f4~ CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER ~I 5/ " , DATE nlEWED BY: \~I ,JJ~ {.- :, ~ ,- , , \ '.j)'. ~ " \, '--..J RONALD F. NINO, AICP, MANAGER CURRENT PLANNING SECTION li5L DATE //L;~ --- ReSBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES v - r-:?-"J DATE APPROVED BY: / ~d< ~ Y~7/"7' VINCENT A. CAUTERO. AICP, ADMINISTRATOR DA E COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 2 AGENDA ITEM No. /'711 . APR 2 7 1999 P~. ~ AGENDA ITEM 7-B MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: March 15, 1999 RE: SV -99-1 AGENT/APPLICANT: Agent: James McVey Gates McVey Builders 5405 Park Central Court Napes, FL 34109 Owners: Park Central Developers of Naples, Inc.(Todd Gates & James McVey) 5404 Park Central Court Naples, FL 34109 REQUESTED ACTION: The applicant is requesting a 14.5 foot variance from the required setback of 15 feet established for signs to 0.5 feet along YMCA Road and a 10 foot variance from the required setback of 15 feet established for signs to 5 feet along Airport Pulling Road for a Ground sign. GEOGRAPHIC LOCATION: The subject property is located at 5404 Park Central Court on the corner of Airport Road and YMCA Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida ( See attached Legal description). PURPOSE/DESCRIPTION OF PROJECT: The Collier County Land Development Code (LOC) allows one pole or two ground signs per parcel with 150 feet or more of road frontage on a single road. The setback established for all pole and ground signs is 15 feet from all property lines. The petitioner is proposing to install a ground sign with a 0.5 foot setback from YMCA Road and with a 5 foot setback from Airport Road. ANAL YSIS: AGENOA ITEM No. ItA APR 2 7 1999 g Pg. 1 =~""'.&lt...~ ~ ~ Ii . " ~ i t i , I z 0 w- t::!< 0)0 0 i -' '" ~ $I a... ~ I <{ r :L UJ t- - (&t "V':)) QlIOIj DJIf'TYW-~ CJ) I 0- 0- J > :rw::. OJ. JON I I- e/) :at - z 0 I- 0>/Y1\7lf108 v",""""" M VJN'o'S ; I- g ~ L ~ ~ E ~ w 51 ~~ E:; Sl Q.. L ~~ ~ " ~'" ~'" 0;... l!: ; :; i ~ P"IoC!:: ~ :l~ - ~~ '" u~ .. ~ ~s s ~ ~~ % ~ ~ ~ ~ ~ '" - 3.L'W'J.5mJ.NJ lit M~a i it! i ~~ l: r; ~ Sl'" ~ ; ~ a... t <{ -- - -- u~ ROAD 0 lJ'f'OI:I NCUs:::>foMn :L 0 ~!I > ~ " " e oK i M '" 5r ~ ::l .. a~ Z g. 'I ~ .. t~ i ~ i oi ~ 0 ~ - t- <{ i U 5r " o~ :!: 0 ~; " i .....J 0"" """" lUnxxlo 1lC. oar ~ ,( (100 .....,J a,,.,,,,h'-oo _... ::: 2 !i'C .~ (,. ~'n)""'~ """"""'J ~T1 r :; ~ ~ Pg. Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection 4)(a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items (a) through (h) of Subsection 11.1 4) are as follows: "a. .. Are there special conditions and circumstances existing which are peculiar 'to the location, size and characteristics of the land, structure, or building involved? No, There are no special circumstances peculiar to this location on YMCA Road. There is a canal along Airport Road. However, for the variance requested along Airport Road an administrative variance could be approved. This variance was applied mostly to reduce the setback along YMCA Road. b. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? No, this is a new development. The applicant is arguing that the sign, if built according to the Code will be too tall and too close to the building. The setback for the building is 25 feet and the setback for the sign is 15 feet. This sign, if installed in compliance with the Code will be 10 feet from the building, which is a normal separation between a building and the sign, when there is no parking lot between the two structures. c. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No, a literal interpretation of the provisions of the LDC will require that the sign be located 15 feet from the property line. This setback is usually adhered to throughout the County. There are very few variances approved in the past decade to reduce the setback to the extent requested by the applicant. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable- use of the land, building or structure and which promote standards of health, safety and welfare? No, a variance is not necessary to make possible the reasonable use of the land or the building. e. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? AGENO,l.ITEM No. /7 ~ APR 2 7 1999 2 Pi. b Yes, the granting of this variance will allow the petitioner to install a sign closer to the road than the Code would allow, which is denied to others unless a similar variance is approved. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, the granting of this variance will not be in harmony with the general intent and purpose of the Land Development Code. This request, if approved, will reduce the required setback established for signs. Furthermore, this sign built with a 6 inch setback from the property line will be aesthetically detrimental to the public welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc. As discussed above, there is a canal between the site and Airport Road. However, the main variance request is not along Airport Road. Setback reduction along Airport Road qualifies for an administrative variance. The main variance is to reduce the setback from 15 feet to 6 inches which is a 96.67 percent variance from the required setback. h. Will granting the variance be consistent with the Growth Management Plan. Approval of this variance will not affect or change the requirements of the Growth Management Plan. NOTE: Due to the fact that YMCA Road is a short dead-end road with very limited traffic, and the fact that the sign will not be close to the intersection of YMCA Road and Airport Road, and the sign is a small ground sign. staff will not be opposed to a setback reduction of 5 to 10 feet on YMCA Road, however, staff cannot support this request to reduce the required setback to six inches. STAFF RECOMMENDATION: - Staff recommends that the CCPC forward Petition SV-99-1 to the BZA with a recommendation for denial. AGENDA ITEM No. /;7 A APR 2 7 1999 3 Pi,_ b PREPARED BY: JrJ~~ ~~ici~v- CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER ALD F. N1NO, AICP, MANAGER CURRENT PLANNING ~ ROBERT J, MULHERE, AICP, DIRECTOR PLANNING SERVICES AP~j VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES COLLIER COUNTY PLANNING COMMISSION: MICHAEL J. Bruet, CHAIRMAN PETITION SV-99-1 Staff report for April 1, 1999 CCPC meeting. ~/Ib/jj DATE :S.}b.G~ DATE 'J ~ J 7-1) DATE 3-/7-99 DATE This Petition has been tentatively scheduled for April 27,1999 BZA meeting. 4 AGUC,.,ITEM No. /7 A .. APR 2 7 1999 Pi. '1 RESOLUTION NO. 99-_ RELATING TO PETITION NUMBER SY-99-0I, FOR A SIGN Y ARIANCE 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 ofthe public, and \oVHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No, 91- I 02) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances, and \oVHEREAS, 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 IS-foot front yard setback to 10 feet along Y.M,C.A. Road and a 5 foot variance from the required IS-foot side yard setback to 10 feet along Airport Road North for a ground sign as shown on the attached plot plan, Exhibit "A", in a C-I 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 RESOL YED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition SY-99-0I filed by James McYey of Gates McYey Builders, representing Park Central Developers of Naples, Inc, with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 5 foot variance from the required IS-foot front yard r-- setback to, 10 feet along Y.M.C.A. Road and a 5 foot variance from the required IS-foot side yard setback to 10 feet along Airport Road North for a ground sign as shown ( n the att~~I;wM No. /J A APR 2 7 1999 -1- Pg. y plan, Exhibit "A", of the C-I zoning district wherein said property is located, subject to the following conditions: This variance is only for a ground sign as shown in Exhibit "A" BE IT RESOLVED that this Resolution relating to Petition Number SV-99-01 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,1999, ATTEST: DWlGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to Form and Legal Sufficiency: JUldt! ~ 'L ~Marjorie M. Student ~ # Assistant County Attorney tlSV.99.Q1 RESOLUTION AGENDA ITEM -. No. 1/ A APR 2 7 1999 J \! Pg. 9 -2 - -i )t>~o.o. ~ lDUUnUR ~ ., c.n .., c.n .., c.n'" Z ~~g~g~g 0 =_ZlJIZ(')Z :1;;0.........000 :lr=::~$ZC"') g ~-:o~g@ - fT1C"') ~~~~ 2 '"':Jz3:;;! ." :: Q-' ~... ....... Co , :cz tIl fT1C .. Zl: -(~ (".l ........... c.D ,-( 01 tIl ... - .... (".l LD 0'1 ... - C"'):::::c>no:c"O ~ II U D II ~ 11 C"')~g K "'0 -' . ('T'\ s: o o;c-( S ~ z~ C ",fT1 :0 MO ('T'\ o :j .... :I: > fT1 -( :0 > g c.n -< C C"') :0 fT1 ;;;; :0 -< :j .~ ~ !~ 0 :'" l- . - 1'" Jr ~ 1:). ~Z CJ)~ ; 0 [-..4 a ~ ..~ 'I c:: ~ ngy)~ :J ffi ..I: C) ~8 ~ r"?-. ~ - '"':J C') '-'J ~ ;5 ~:h.~ ~~ -< ~ ~ :v .:;.. rr; <) ..- ~ ~l ..,., ;. r- '0 ~ ~ I I I I I I 1 I I I 1 [ I I ! ~ I I I I' Sr~fc~ ~3 A /R POJ<-T r< D. I I I I I j I I I I I I I I I I I I I 1 I I I l I I I I I I I I I I I I 1 : It I , : ~ I I [I '11 \ I ~ II : I ~l I I :. I \' I I :1 ~ 11# : I ~I I I :1 ~ I I : I ~ I I I : I",~ I I : l~ I I : I~ I I I l~ II : I I I \ I I I \I~ I ~ \~I I No V" ~ ~ 6' CI ...- ;../ ........../ ,..,.... .,./ / / _ _ L _ _ _ _ _ _' _ _ _ _ _ _ _ // CURRENT l-oCAT/oItJ cAN AL r 5.00.27'0 S. 00 '26'5 S.00'27'1c _ or::- BANK- = = = <.Ill"")... 0' 0 ,><0 t)'::J(;b q . (\ i\ I"")I"")~ ~Ol"'" c: ;A loc' ;:') 3 :" I\) ::J :::I . -. ..... ...., ~ C%:l . c: I) -. '" ').0..9;5" ?- ::=J ~ Cll ~ g - ~ "'\. 0 , ~ ""~ (J,l\~ t... =' "0 I~ (;b Cl C%:l I.n II . .').' y, !::.~ I.n C - ~ l1\ . :;1:"lIa~~ o "\l 0 ::J l( ::Ji-o-o:"- VI' "'\(J, 0' ~Il . 3 '-'0- Il "'\ +. Cl) dJ "\ ::J AGENDA I'TEM No. /7 A Ono Story C.B.S. diPJl,i R. 188ge .. "J mished Floor C/ev. "'" J ~ ~ pg:4.K.A. .I 5395 ~ c:' . -~ . 3'" .... ~ . .. '-I Q o. " Exhibit "A" ~ ~lll txt OR: 2400 PG; 1062 XIt All that certain parOO or land lyin~ and being in the <Au.nty o! Collier and Stale oC Florida being more particularly described as tollo,'fs: Commencing at the Northwest comer of the Northwest "1/4 C>C the Southwest 1/4 of the Southwest 1/4 or Section U, TO\fD.Ship 49 South, Range 25 East, Collier County, F1ori~ run Sooth 89 deerees 53' 48" East 100.00 feet along the North line of said Northwest 1/4 of the Southwest 1/4 ot the Southwest 1/4 to the intersection oC tbe East right-or~way line ot Airport Road (County Road 31); then~ South 0 d~s 27' 10" ""est 316.15 feet along said rie}lt-o!-way line to the point or beginnin~ the.ace oontiDue SOllth 0 degrees ].7' 10. West 313.25 feet to the North right-of-way line or YMCA Road; " thence Sooth 89 d~s 53' :25" East 521.84 !eet along said right-of-way liDei thence North 0 degrees 16' 5r East 31.3.25 feet; thence North S9 ~s 53' 25- West SUl.86 feet to the poiat of beg)nninf. EXHIBI'I' "B" AGENOA ITEM No. // A APR 2 7 1999 Pg. /1 ...-.. EXECUTIVE SUMMARY PETITION NO. CU 96-01 E, THOMAS PEEK, P.E. REPRESENTING NAPLES NEW HAITIAN CHURCH OF THE NAZARENE, INC. REQUESTING THIRD EXTENSION OF A CONDITIONAL USE FOR A CHURCH IN THE "RSF-3" RESIDENTIAL SINGLE FAMILY ZONING DISTRICT FOR PROPERTY LOCATED ON THE EAST SIDE OF BA YSHORE DRIVE AT REPUBLIC DRIVE. OBJECTIVE: The petitioner seeks to extend the date by which a conditional use was first approved for a church in an "RSF-3" zoning district. This is the third and last extension request. The Collier County Land Development Code provides for a maximum of three (3) one year extensions to conditional uses. CONSIDERATIONS: - The approved development order Resolution 96-192 remains consistent with all elements of the GMP and in particular the Future Land Use element which provides for churches as conditional uses in all residential districts. Correspondence from the owners' agent advises that members of the church are actively pursuing the steps essential to initiating construction of the church, as represented by correspondence from the agent for this church, a copy of which is included with this executive summary. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. STAFF RECOMMENDATION: ,- That the Board of Zoning Appeals grants a one year extension accordance with the attached Resolution and Exhibits thereto. 1 Pg. / PREPARED BY: ~011V' ~~"" CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER ~/5"/"" DATE ,r I ;EtEWEJD ~ \~ ~~ . ~. RONALD F. NINO, AICP, MANAGER CURRENT PLANNING SECTION ~ DATE y- r4J DATE OBE T J. MULHERE, AICP, DIRECTOR ING SERVICES APPROVED BY: ~ tJ. ~ 07/.,,, VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE' COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 2 AGENOA ITEM No. /7,8 APR 2 7 1999 Pg. /l RESOLUTION 99-_ RELATING TO PETITION NO. CU-96-01 E FOR EXTENSION OF CONDITIONAL USE OF 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 comprehensive zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending the time period of Conditional Uses; and WHEREAS, on April 9, 1996, the Board of Zoning Appeals enacted Resolution No. 96- 192, attached hereto and incorporated herein, which granted a conditional use pursuant to Ordinance No. 91-102, for a church, on the below described property; and WHEREAS, on March 25, 1997, the Board of Zoning Appeals enacted Resolution No. 97 -190 attached hereto and incorporated herein, which granted a one (I) year extension to the Conditional Use granted in Resolution 96-192; and WHEREAS, on February 10, 1998, the Board of Zoning Appeals enacted Resolution No. 98-40, attached hereto and incorporated herein, which granted a one (I) year extension to the Conditional Use granted in Resolution No. 96-192; WHEREAS, Subsection 2.7.4.5 of the Land Development Code provides that the Board of Zoning Appeals may extend the one (I) year time period for a conditional use which has not been commenced; NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: The written request of Mr. Thomas R. Peek, PE, PSM of Wilson, Miller, Barton & Peek, Inc., represen!ing Naples New Haitian Church of the Nazarene, Inc. for the third of three (3) permitted one (1) year extensions, in interest of the following described property: Lot 99, Naples Grove and Truck Co., Little Farm #2 as recorded in Plat Bookl, Page 27, of the Public Records of Collier County, Florida. is hereby approved pursuant to Subsection 2.7.4.5 of the Land Development Code (Ordinance No. 91-102), and the expiration date for Resolution No. 96-192, attached here an ~1~ No. /7A APR 2 7 1999 Pg. ::5 -1- herein as Exhibit "A", and all conditions applicable thereto, is hereby extended for one additional year until April 9, 2000. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote. day of ,1999. Done this BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: PAMELA S. MACKIE, CHAIRWOMAN ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: ~ 111 . (Jr1 J d12.1I-J::. MaTJo M. Student Assistant County Attorney CU 3rd EXTENSION RESOLUTION AGENDA ITEM No. (7./1 APR 2 7 1999 -2- I Pg. 1./ 90 East Avenue Naples, Florida 3410 January 19, 1999 fA !ECfE~V!ED .\ i~,~ 1999 Mr. Ronald F. Nino, AICP Chief Planner Current Planning Community Development & Environmental Services Division 2800 North Horseshoe Drive Naples, Florida 34104 --------------- cu 96-01 E Subject: Petition No. CU-96-1 (Extension), Naples New Haitian Church of the Nazarene Dear Mr. Nino: On behalf of the Naples New Haitian Church of the Nazarene, I request a one-year extension of Conditional Use CU-96-1. The final architectural plans for the church are nearing completion and the engineering site plan is under design. Bidding is anticipated for May 1999. A check in the amount of$175.00 for the processing fee is enclosed. Please let me know when this item is scheduled for the Commission and if you foresee any issues which might negatively impact the approval. ~k/ZL Thomas R. Peek., PE, PSM cc: Rev. Jean Paul 16 . ctvl~1o-- /~----- AGENOA ITEM No. /78 APR 2 7 1999 Pg. 1')'/ RESOLUTION 98-~ ,- RELATING TO PETITION NO. CU-96-1 FOR EXTENSION OF CONDITIONAL USE OF 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 comprehensive zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending the time period of Conditional Uses; and WHEREAS, on April 9, 1996, the Board of Zoning Appeals enacted Resolution No. 96-192, attached hereto and incorporated herein, which granted a conditional' use pursuant to Ordinance No. 91-102, for a church, - on the below described property; and WHEREAS, on March 25, 1997, the Board of Zoning Appeals enacted Resolution No. 97-190, attached hereto and incorporated herein, which granted a one (1) year extension to the provisional Use granted in Resolution No. 97-190; WHEREAS, Subsection 2.7.4.5 of the Land Development Code provides that the Board of Zoning Appeals may extend the one (1) year time period for a conditional use which has not been commenced; NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: The written request of Tom Peek of Wilson, Miller, Barton and Peek, Inc., representing Naples New Haitian Church of the Nazaarene for the second of three (3) permitted one (1) year extensions, in interest of the following described property: Lot 99, Naples Grove & Truck Co., Little Farm #2, as recorded in Plat Book 1, Page 27, of the Public Records of Collier Count~, Florida. .- AGENDA ITEM No. /?A -r APR 2 7 1999 Pg. 10 -1- is hereby approved pursuant to Subsection 2.7.4.5 of the Land Development Code (Ordinance No. 91-102), and the expiration date for Resolution No. 96-192, attached hereto and incorporated herein as Exhibit "A", and all conditions applicable thereto, is hereby extended for one additional year until April 9, 1999. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote. Done this lo~ day of -."hku~ , 1998. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ~,t.(:U'1 .f .. -", <" r;;.: ATTEST: ~ DWIqHT E. BROCK, CL~RK 8Y'~~ B ARA . \ BE I .- ~ c ~ " , '~' ~.. ~./~~~4(!' I" .,' , APPROVED AS .:1'0 FORM AND LEGAL SUFFICIENCY: - . u.~ Ih.~ ~E M. STUDENT ASSISTANT COUNTY ATTORNEY f/CU-96-1 Extension AGENDA IlE No. /7/J APR 2 7 1999 Pi. 7 -2- - RESOLUTION 97--120 RELATING TO PETITION NO, CU-96-1 FOR EXTENSION OF CONDITIONAL USE OF 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 comprehensive 'zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending the time period of Conditional Uses; and WHEREAS, on April 9, 1996, the Board of Zoning Appeals enacted Resolution No. 96-192, attached hereto and incorporated herein, which , granted a conditiopal use pursuant to Ordinance No,.91-102, as amended, for a church, on the below described property; and WHEREAS, Subsection 2.7.4.5 of the Land Development Code provides that the Board of Zoning Appeals may extend the one (1) year time period for a conditional use which has not been commenced; NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: The written request of Barbara Cawley of Wilson, Miller, Barton and Peek, Inc., representing Naples New Haitian Church of the Nazaarene for the first of three (3) permitted one (1) year extensions, in interest of the following described property: Lot 99, Naples Grove & Truck Co., Little Farm *2, as recorded in Plat BOOK I, Page 27, of the Public Records of Collier County, Florida. is hereby approved pursuant to Subsection 2.7.4.5 of the Land Development Code (Ordinance No. 91-102), and the expiration date for Resolution No, 96-192, attached hereto and incorporated herein as AGENDA ITEM No. /Y'A - APR 2 7 1999 -1- Pg. ~ Exhibit "A", and all conditions applicable thereto, is hereby extended for one additional year until Aprii 9~ 1998. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote. Done this day of ';7J7~, , 1997. ~J BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: 7~/ T1MOTHY. COCK, CHAIRMAN 't. AT!ES'T: DW1GHT E. BROCKj'CLERK . , . , :.,.... . ,C, LEGAL SUFFICIENCY: ~ . .': I 71b~~~~',' ~in .f>>-z{.Il';l..t MARJOR M. STUDENT ASSISTANT COUNTY ATTORRNEY f/CU-96-1 Extension/Res AGENDA ITEM No. /7/! APR 2 7 1999 ! . 4 q -2- Pg. . ~ . ! ~---_.._.__.- .- ..-.-----------.. ....-.. i - '":-1 .~ -- - .. ~.':':' t --.-I ~ '. '~~"'h ~ ~ :...~.--. ~ -.... ...;-?: ~ - - ,~ ~~ .::s= ~!1 ~ ~ ._r;o-. RESOLUTION 96--1j2 A RESOLUTION PROVIDI~G YOR THE ESTABLISHMENT OF A tHURCH, CONDITIONAL USE 2, IN THE "RSF-3" ZONING DISTRICT PURSUANT TO SECTION 2,2.4.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 23, TOWNSHIP SO SOUTHr, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. I WHEREAS, the LegiSlature of the State of Florida in Chapter 67-1246, Laws ot Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and entorce zoning and such business regulations as are necessary for the protection ot the public; and WHEREAS, the county pursuant thereto has adopted a Land I Development Code (Ordinance No, 91-102) which includes a Compreh~n5i' Zoning Ordinance establishing regulations for the zoning of particula: ~ geographic divisions of the county, among which is the granting of ...--' ~ -- ~ .~ ..;:.;S; :~ ~ ~ ":;,~~ ;;....,.,; :~5 ~ ~ :.:-: ~ ~ ~ ~ ,1i --- .,...,.' ':,Ij ~ ~~: .~ ~. =:;:~ ~ - .......-.. - .'~ ~:~ ~ ~ ..- ....~tr";" 4 ~ . ;<1. ....~:1 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 an provided, and has considered the advisability of Conditional Use "2" Section"2.2.4.3. in an "RSF-3" zone for a church on the property hereinafter described, and has found as a matter of tact (Exhibit "A'l that satisfactory provision and arrangement have been made concernin~ 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 heard by this Board in a public meeting assembled and the Board havi] considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS 0: Collier county, Flor~da that: The petition ti~ed by Barbara H. cawley, AICP, 01' Wilson, Kille: Barton' Peek, Inc., repre.enting the Naple. New Haitian Church ,at t' Hazarene with respect to the property hereinafter described as: -1- . AGENDA ITEM No. '~?4 ~ . .-t..1".R:.2 7. .t9~9' ., ~ ~~ '. : ".'.. of ;..... ".. ...: . ...,. ... ~. .., . .... pg.--L~ Lot 99, Naples Grove' Truck Co., Little Farm 12, as recorded __4 in Plat Book 1, Ipage 27, of the Public Records of Collier County, Florida, be and the same is hereby approved for Conditional Use 2 of Section' I :.;J 2.2.4.3 ot the IRSF-3" zoning district for a church in accordance wj th the Conceptual Master Plan (Exhibit "B") and subject to the tollo conditions: 1. Arterial level street lighting shall be provided at both access points prior to the issuance of any Certificates of Occupancy, 2; The church shall be responsible tor both northbound and southbound turn lanes from Bayshore Drive into the property. when requested by Collier County. The northbound right turn lane may, however, be deferred until further site-specific traffic analysis indicate. the need for the turn lane is present, 3. The southbound left turn lane should be a requirement ot the buildout development. If further traffic analysis . indicates the need for the left turn lane betore the second phase of development, the second phase should be dependent upon the turn lane being in place prior to the issuance of building permits for the second phase. It the turn lane is not required until buildout, it shall be required to be in place prior to the issuance of any Certificate of Occupancy for the second phase. 4. The applicant shall confirm a positive drainage outtall, and the adequacy thereof, for purposes of project buildout, Should the drainage outfall require capacity improvements, the benefiting parties shall incur a tair share cost of such improvements. ._- .~... ~;. -- ~ - -~ :-;.~ ==.:.;: ."~ - ~ ~ ;.;ci':: ..... a .:- - ~ ~ .--, .,""t:" ~ .-,-,:, .....- . wO"..:" ~ ~ ~ ~ ~ - .~ ~ .1 ~ :.~ . .-..4 .....,.. . . ....w ~ ~ i - 5. Environmental permitting shall be in accordance with th_ State of Florida Environmental Resource Permit rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotics shall not be required east of Constitution Drive unless required in the wetlands in accordance with SFWMD permit, Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall be in accordance with the Collier County Land Development Code. Prior to Final Site Development Plan approval the Petitioner shall submit a management plan pursuant to Collier County Land Development code, Section 3.9.5.3. All conservation areas shall be recorded on the plat with protective covenants per or similar to Section 704,06 of the Florida statue.. Conservation areas shell be dedicated on the plat to the project'. owner entity for ownerShip and maintenance responsibiliti.s and to Collier County with no responsibility tor maintenance. Butfer zone. will be placed around wetlands 'in accordance with south Florida Water Management Di8tr1c~ requirement.. . O' AGENOAH'EM. -2- . ~.~ :~'~/./I .. . 0" . .. I . .. . .. .' -i.ffi'L."J 1S~9 "," 6, 7. 8. 9. ~.. . ..... ..~ 40.... :...:. -. .... Pg. // ^-, - --~-.._-.- ._~.---- - . .'.~ ',..,,-1 - ~ ~ '. )- ~=":"'~ ~ :' ~~::--. ,~ ~ .,.::.......... .~ ......., - CPo; ~~ -~ ~ ...~~ .::.-~ :':,;<tS ::::a ~ .:..,.~ -,.- .~ - -t~@ ~~ ~ .~ ~ "':-n1i ~ -It_ -- ..- ,~~ '~ :o.:J.;' ..- :'~ ....;a ..... ~ ~ , .;:,~ .... 10, Prior to final Site Development Plan approval the petitioner,shall supply a letter from U,S, Fish and Wildlife Services (USFWS), indicating that the bald eagle nest which was located to the west ot the property is no longer being used, I 11. The petitioner shall supply an appropriate wildlife habitat management plan as required by the U.S. Fish and Wildlife Service (U5FW5) and Florida Game and Fresh Water Fish,Commission (FGFWFC) in relation to the bald eagle nest located to the west of the property, prior to an approval of any final development order, I 12. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review staff for review and approval prior to tinal site plan/construction plan approval. The exotic removal plan may be phased as approved by Current Planning Environmental Staff. 13. site lighting shall be directed to surface area. to be illuminated in such a manner as not to cause a glare to adjacent property owners. . 14. Security lighting shall be provided on all parking areas and immediate environs of the building, BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board, commissioner offered the foregoing Mac'Kie Resolution and moved for its adoption, seconded by commissioner constantine and upon roll call, the vote was: AYES: Commissioner Mac'KieL commissioner ConstantineL Commis.ioner Hai Commissioner Matthews and Commissioner Norris NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this day of April , 1996. 9th BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ~..' ::~.'''. l:",_~._._,..~.. . ' ""'t".r.tl..~.; . . " . \,,,, a' (, . "-i" . ... .. ......' ....~':. :.., .... ,,~.~~.: I,,~ . . I. ,",. .. ....,. ... ..:" "" ... ..' . .... '," J. J' '",. , ,..,.' .:.! . "". ~ ,-)! '. ,.. .... ~ l . A-T:rEST:'. ;"'1;" < '.; .c~:-:., ~ ~ . PWIGwr:.~j. B~OC:K; cci,ERK '",!.~ . ~: ".. ,::-:: i,~~:".:" . -= ~ ~ , ... to, ., :::. I~.. _"'1.: '"AP. o\1Ei)").S 'PO "FcwtAND ':.. t.E ~:'S-qfr~lCa:E~l:ti. ..,': .., ." :~~il"\',~l..d.L.",,! HARJO E M. STUD ASSISTANT COUNTY ATTORNEY CU-96-1,' RESOLUTION/16482 -3- ...., .::.:-. :::,~ AGENDA ITEM No, //,A . APR 27 1999 ......,.. ..:.i.lOoi ~ ...".f .~ Pg. /~ r .U"4U.LfH.:r Ur rA~.!.' BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR PETITION NO. CU-96-1 " The following facts are found: 1. Section 2.2.4.3.2 of the Land Devlopment Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because ,of: A. Gonsistency with the Land Development Code and Growth Management Pla~ Yes V No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: . Adequate ingress & egress Yes / No C. Affects neighboring properties in relation to nois~ 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 Wit~~istrict Yes. No Based on the with stipulations, (copy recommended for approval DATE: ~ J 1-, 1 q , It. CHArRHAll:~ If /~) FINDING OF FACT CHAIRMAN/ AGENDA ITEM No. ///3 APR 2 7 1999 EXHIBIT -A- . . .. ..... , __. '.'. __..#'0 ,,"0,,_ ...~. _..__.-._.. ,.r -----~ ... . pg:.-/J' . "-_.,---,._,----,_._-"-,-~-- . 'i . - i. . . I , I \ ! I '- - ---- - ---------.----.---- .._-~-----.. q ----~-------------------- ___ -- r t --...-- it it it t 111.11111 i ~I ~I ~I I Ii i i Iii I: 0( j i j i Ii .' i i II ! II ! ! ~ I I I i j ! ! ! Il~ i 1,.,-1 IJ a! . .., )i ii1 _ .. _ _,. ::a .. : . fC ...::- ; I 1 \ \ ..a 1# II .: a Ii Ii I1II III IIII ~ ;; I l 'I=~ Iii ~ Ii II Iltl a ~ ~i ! J- Ii je i I I ii1 Ii ii 11 ,II I-I ~ Ie ij I. .5;! Ii ~! I~ II I,i -I. i Ii I;i iil Iii I ~I Iii 1;1 lai . .11.~)Ili I ) I ~ 1IIII111 i lilliI' ~ -- 00 ummml NAPLES HAmAN CHURCH OF THE NAZARENE CONOOlONAL USE SITE PLAN EXECUTIVE SUMMARY PETITION VAC 99-005 TO VACATE A 2.5' WIDE PORTION OF THE PLATTED 7.5' WIDE DRAINAGE EASEMENT ON LOT 4, BLOCK E, "KENSINGTON PARK PHASE TWO", AS RECORDED IN PLAT BOOK 25, PAGES 82 AND 83, PUBLIC RECORDS OF COLLIER COUNTY, LOCATED IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST. OBJECTIVE: To adopt a Resolution to vacate the above described Drainage Easement. CONSIDERA TIONS: Petition V AC 99-005 has been received by Planning Services from John F. Soave, as agent for the petitioner, Patrick and Claudia Duerr, requesting the vacation of the above-described Drainage Easement to accommodate future construction improvements. Letters of no objection have been received from all pertinent users and agencies. Zoning is P.D.D. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioners which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None ".-- RECOMMENDA TION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition V AC 99-005 for the vacation of the above-described Drainage Easement, and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY: ~/r~_ ~-c::TEi/:"L0- Rick Grigg, P.S.M. Planning Services , REVIEWED BY: ~?7?/tU [? i!uJ Thomas E. Kuck, P .E. Engineering Review Manager REVIEWED BY: ~ Itobert Mulhere, AICP Planni~Tices Department ~tor APPROVED BY: ~ a. ~ Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services DATE: 3-z.4J:/Q DATE: 3l~~/9'9 , , DATE: 3 -? r::7 f DATE: '(~7 /<11 ( . r- AGENDA ITEM No. // C. APR 2 7 lS!9 Pi. / --- 1 RESOLUTION NO. 99-_ 2 3 PETITION VAC 99-005 TO VACATE A 2.5' WIDE PORTION OF THE PLAITED 7.5' 4 WIDE DRAINAGE EASEMENT ON LOT 4, BLOCK 5, "KENSINGTON PARK 5 PHASE TWO", AS RECORDED IN PLAT BOOK 25, PAGES 82 THROUGH 83, 6 PUBLIC RECORDS OF COLLIER COUNTY, LOCATED IN SECTION 13, 7 TOWNSHIP 49 SOUTH, RANGE 25 EAST. 8 9 10 \VHEREAS, pursuant to Section 177.101, Florida Statutes, John F. Soave, as agent for the petitioner, Patrick and 11 Claudia Duerr, does hereby request the vacation of a 2.5' wide portion of the platted 7.5' wide Drainage Easement on Lot 4, 12 Block E, according to the plat of "Kensington Park Phase Two" as recorded in Plat Book 25, Pages 82 through 83, Public 13 Records of Collier County, located in Section 13, Township 49 South, Range 25 East; and 14 15 \VHEREAS, the Board has this day held a public hearing to consider vacating said Drainage Easement as more fully 16 described below, and notice of said public hearing to vacate was given as required by law; and ~ 7 \VHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other J property owners. 19 NOW, TIffiREFORE, BE IT RESOLVED BY TIffi BOARD OF COUNTY COMtv1ISSIONERS OF COLLIER 20 COUNTY, FLORIDA, that the following be and is hereby vacated: 21 See Exhibit "A" attached hereto ,md incorporated herein. 22 BE IT FURTIffiR RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this 23 Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat 24 as referenced above. 25 This Resolution adopted after motion, second and majority vote favoring same. 26 27 28 29 30 31 32 33 34 -15 DATED: ATTEST: DWIGHf E. BROCK, Clerk BOARD OF COUNTY COMtv1ISSIONERS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, Chairwoman Approved as to form and legal '~onCY J A 11 A A-clt. , f VV1-- Heidi F. Ashton Assistant COlU1ty Attorney AGENDA ITtM No. /7 e; APR 2 7 1999 38 Pg. ~ I DESCRIPTION 2.50' DRAINAGE EASEMENT TO BE VACATED Exhibit "An Sheet 1 of 2 VAC 99-005 KENSINGTON PARK PHASE TWO PLAT BOOK 25,., PAGES 82-83.' COLlJER CO UN ! y, FLORIDA LOT 4, BLOCK E THA T PART OF LOT 4, BLOCK E, KENSINGTON PARK PHASE TWO, AS RECORDED IN PLA T BOOK 25, PAGES 82 AND 83 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 4, THENCE RUN ALONG THE EASTERLY BOUNDARY OF SAID LOT 4, SOUTH 00'34'51" EAST, 42.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; AND THE NORTHERLY BOUNDARY OF A 7.5' DRAINAGE EASEMENT; THENCE RUN ALONG THE EASTERLY BOUNDARY OF SAID LOT 4 SOUTH 00'34'51" EAST 2.50 F THENCE LEAVING SAID BOUNDARY SOUTH 89.25'09" WEST 150.00 FEET TO THE EASTERLY BOUNDARY OF A 10' DRAINAGE EASEMENT; THENCE RUN ALONG THE EASTERLY BOUNDARY OF SAID DRAINAGE EASEMENT NORTH 00'34'51" WEST 2.50 FEET TO THE NORTHERLY BOUNDARY OF SAID 7.5' DRAINAGE EASEMENT; THENCE RUN ALONG SAID NORTHERLY BOUNDARY NORTH 89'25'09" EAST 150.00 FEET TO THE EASTERLY BOUNDARY OF SAID LOT 4 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. SAID PARCEL CONTAINING 375 SQUARE FEET MORE OR LESS; SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. BEARINGS ARE BASED ON THE -N()RTI r LINE OF LOT 4 BEING NORTH 00'34'51" EAST. EH~I AGENOA ITEM No. /7l'_ ~ MeANLY ENGINEERING AN) DESIGN INC. III ~ ENGINEERING. PlANNING. u.N0 SUR~NG . . -.." AND u.NOSCAPE ARCHITECTURE ~ 5101 T~ TIWl EAST. SUITE 202 NAPlES. F\.ORI:lA 341 1.3 (1141) 775-072.3 f/o:X (1141) 775-112.3e ~ 'l'!lIQfT 1 Y ORA_'" OIEOCED: w.M. PllOoECT: IIOlla OA 1'[ : FnlllUMY 'I. '" SCMJ: : M/A ORAWlQ ACMJ/JaDJNCI , -K.-C 1-"""" ...... SlCNED: L SKETCH OF DESCRIPTION NOT A SURVEY HIGH STR~~T TRACT R 60' RIGHT-OF-WAY Exhibit "A" Sheet 2 of 2 V AC 99-005 ~4l-~ - - POINT OF BEGINNING 2,50' EAS MENT o BE VA ATED LOT 3 0- 7.5' DR INAGE EASEMENT w en o LO S'" en co z POINT OF COMMENCEMENT NORTHEAST CORNER LOT 4 10' UTILITY EASEMENT "- LOT 2 "0 ---- 10' DRAINAGE EASEMENT ---- 10' BUFFER EASEMENT UNPLA TTED - ,------- I '0 o o ,...... LO T! ~ 4 ~ ~ en o -LO S'" en co z LOT 5 LOT 6 en o LO ~ol COo U) ~ I 0- 7.5' DRAINAGE E SEMENT 3: ~l LO ~I U)L_~'_ +---- N 00'34'51" W 2.50' N 00'34 51 W 50.00' CORINTHIAN GARDENS AT WOR PLAT BOOK 18. P AGf m~:ANL Y ENGltEERING ~~~~ III.~ ~101 TAAIAAI TRAI. EAST. SlAlE 202 ~ NAPUS. FLORIDA 34113 (941) 7~n3 fAX (;41) 77:5-w.238 1 DRA.. QI[ClCDll lUI. PRO.ECft lIIClI2I GAll: : FDIlUMY 18, 1. ICAI.[ , 1- - "" DltA..o /ICII)/N:JIDJNII(/ AGENDA ITEM TWNIS CENTER S8::'-62/7L:: APR 2 7 1999 SKETCH OF ~~CR KENSINGTO PHASE TWO. t~<t~J3tl~~IBi-83. LOT 4, BLOCK E' p -c ....... __.. -;,(.".:;.,~ H . u... '! u .. oJ . .j, ... ..1 ATTACHMENT B PETITION FORM FOR VACATION OF PLATS OR PORTIONS . OF PLATS OF SUBDIVIDED LAND [EXCEPT FOR VACATION OF PLAT AND SIMULTANEOUS REPLAT] Date Received: 1/- Petitioner(Ow~r)^. Address: U I.:.. City/State: Agent: ~1Itv Address: 4; City/State: Petition 'i'RJZ.. Telephone: Zip Code: Lf fJLrJ::j VRC CJCf-005 I: ~~~ellA/L,tl:e. WIt'f ~~. Address of Subject Property: ci ty / Sta te : N tlf2LE5 Location: Section 1.3 6(J77 Telephone: 44/- ~/- till. Zip Code: 3l./IOY j(CM/AlfnN #611 5r Zip Code: ~J(JI. 4'1 Range 25 ~ Legal Description: Subdivision: Plat Book .2.5 R_~R~eSt.: !COrffir2Y of Current Zoning: P u . n affect density? -.N..L FL. Township Page(s) ~ 114l.L.$ J-NTD J5/ Does this I Hereby Au Peti ti /' / rize Agent Above to Represent Me for this Yes ~ No rL 'B \Z~ ct~ Petitioner (Owner) Date \1~ 'fOe... ~O 'F ~,~. ~~~ Print Name (Title) Please see "Policy and Procedure of Vacation and Annulment" for the list of supportive materials which must accompany this petition, and deliver or mail to: Transportation Services Collier County Government Complex Naples, FL 33962 Telephone: (941) 774-8494 (3) (4) If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders, If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. List all other owners, * (1) (2) AGENDA ITEM No. /7C. V APR 2 7 1999 6' Pg. Page 4 of 4 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 117656 . Date I Post Date 02/22/19994:16:32 PM 102/23/1999 I Payment Slip Nbr I MS 49217 JOHN F. SOAVE, INC. New or Exist: N Payor: JOHN F SOAVE Fee Information L Fee Code Des_criptio~ 12PVAC PETITION TO VACATE I GL Account --:-T"f313890032910000000 Total Amount. Waived $1000.00 $1000.00 Payments . Payment Code AccounVCheck Number CHECK ,5310 Total Cash Total Non-Cash Amount: $1000.00, $0.00 $1000.00 $1000.00. Total Paid Memo: Vacation Easement CK #5310 "RC qq-oo.5 Cashier/location: FROLOFF _E / 1 User: KIRK_D Collier County Board of County Commissioners CD-Plus for Windows 95/NT AGENDA ITEM No. / 1 r~ APR 2 7 1999 Printed:02/2 19994:16:55 PM Pg.- t --- +9415495120 KENSINGTON SALES CEN 319 P02 f ! ':~:. - Il()1 'Ill r'T I r . : I. I ~-'\I I""'. i...;, ~ ... ~.-: 1. l' GUY t. C'.AJUI2"OH Ie. F. C. DEe 30 '98 10:57 V?:iC qq - 005 COLLIER. OOUMT'l TAX COLLECTOR. COUUIIQUSE COMH.F.X . BlJYLDlllG c-1 .ULE S. FLO>>'UH. J4U2- ."7 HI L:t. coDE 70 !: SCllOW JODJ: 0000 PATR1C~ DUER~ & CLAUDIA DUERR , 1040 CHESTERfIELD avenye BIRH1MGH~ HI 490D912'9 TIME: T~~.day, DeceMber 29, 1998 04:54 rH f'1l%, !Ul4.3S12l.O HUMBt~ OF '~EI (INCLUDING THIS PAS!) 1 1991 COLLIER CIJ\J)(Tl MOnCE or 0 vALORl'.ll tAXES AID 1I0W-AD VALOIU!ll ASSESSHEllTS DISCOUNT 'F..l\.JUn;U U III If IN 3' I. DU :2\ l.R if" n 1lI FEll 0' Df lIAR AMO\~ DUE 11..6~ 722.01 729.52 736.91 14(.41 VALlS!: AutHOR.'lTY NfflllRT ASS.!SSD !lo, nnn All VALORDI UXES HKST~ COUHTY 17'." SCKOO~-STATE 295.20 SCKOOL--LDw.. 130.30 CITY .00 D~P~MDY.WJ 48.94 YATl:R IIG!. 28.10 IMPEP. s.tCIAL 59.77 YO'l'EP. JU'PR. DOT :1. (8 MaR-AD VALOJ~ ASSESSKEMTS CUKBIHED fOTAL 7tt.41 !21J101)tl167 KEKSlliTUW l~ARK PHASE TWD g~GKST 5071 tI 1H'-.e3_::; - . . ~L~ ~o,ooo PROPERTY IDt LEGAl. blsr. l.DCATIOlf: BLK E LOT t AGENDA ITEM No. I '7 C- APR 2 7 1999 ? Pg. I-I .. +9416495120 KENSINGTON SALES CEN :~ ,- ~~, IN \', . 319 P03 DEC 30 '98 10:57 Holly A. Harmon. Attorney at Law GOODtETIE, COLEMAN & JOHNSON, :>.A.. 4001 Tamlanll Trail North, Suite 300 Naples, FL 34103 (941) 435-3535 2356469 OR: 2449 PG: 1321 1ICGIlIIII11 amcw. UClIUI at eoUIIl CCDlTt. r~ IIm/51 at tl:m. mm t. IlOCI, WIl ClIII met,'o DC DI It.5D DOC-.TO m.JO " Document Preparation Only By: Grantee Tax I.D. No. Otl: GillODIJftI COUIAI n u. 49<11 !lInll TIlU IIOl!I ma Dml n 34m [Space AbDve This Line For Recording Data] 7rustee's Deed v~c. qq- 005 .:? ~ E. E:.- ..,- I 0 ;= .:,;;,. This Indenture is made UIlS :3 1st day of July. 1998 between J. DUDLEV GOODLETTE, AS TRUSTEE ("Grantor"), and PATRICK DlED and CLAUDIA DUERR., busband and wife ("Grantee"), whose post office address is 1040 ChestcrfJe,d, Binningham, MI 48009. Witnesseth: That the Grantor, for and in consideration of the sum of Ten and No/loo Dollars ($10.00) and other '. valuable consideration, to Grantof in hand raid by the Grant~, the receipt and sufficiency whereof is hereby ,acknowledged, has granted, bargained a.nd sold 10 Lbe Grantee, a.nd Grantee's ht':irs. successors lnd a$l;ign..~ . fortver, the following described r~a1 proper-yo situate, lying and being in Collier County, Florida. (0 wil (the "Property "): Lot 4, Block E, KENSINGTON PARK PHASE TWO, according to the plat thereof recorded in Plat Book 25. at Pages 82 and 83 inclusive, of the Public Recor4s of Collier Coullry. Florida. Tbe Propeny is vacant ROod unimpro\ed land aod is not the homestead property of Grantor. For Information Only: Property Appraiser's Tax Identification Number is 52731000806 Together with any and aU tenements, hercditament~ and appumnances lherelO belonging or in anywi:>e appertaining. Subject to easeme\1tS, restliction~, reservations and limitations of recoId common to the subdivision. zoning cuti other gO'llernmental nguJations, any reservatiollS of oil, gas and mineral rights, and taxes for the currenl year and subliequent years; pr :)vided however, no one of them shall prohibit use of the property for a single family residence, Grantee acknowledges that COI1iUUC tion of any improvements on the Property, (i) must be done in accordance with the provisiollS of the Declara'ion and General Protective Covenants, Conditions and Restrictions for Kensington Park recorded in Officilll Rel:ord Book 1825, Pages 186lhrough 290 inclusive, Public Records of' Collier County, Florida. as ~nded (the.:ieueral CO'llcnants") and the Declaration of Coyt:nants, Conditions II1ld Restrictions for Caute.rbury Green at I(,msiDgton Park. rCl:;orded in Official Record Book 2131, Pages 143 through 193 inclusive, Public Rl:cords of Coli ier County, Florida, as amended (the "Neighborhood Covenants"); (ii) must be approved by the Architectural Feview Board as established under the General Covenants; and (iii) must be constructed by an approved builder. Further, once construction is com~, work mU~J:)~~gress in a diligent maDDer untU'coinpfeterl. n -' - Grantee shall apply for a building permit to constnlCt an apptove~ single family residence on the propet1y within SIX (6) MONnIS after the closing 'ate and shall commence cOnstruction of such improvements within FORTY FIVE (45) DAYS from: the date 01 issuance of the building Permit from ('..oIlier Couoty. , i I Grantee agrees that Grantee will n< t conveyor lease the ProPerty as VacilDt land from the dat GENOA ITEM through the date of expiration Qf the foregcing compulsory constrUcti;m date without the prior written onse~.. / l' ~ I MI'reTmte. ."N)I~" l'..{baCi~'" OHIl;1l1 I'o..IflN" {'It)3~Qcnl //APR 2 7 1999 // ...,'" Pg. ? +9415495120 KEt.6INGTON SALES CEN 319 P04 DEC 30 '98 10:57 I I ;._: I 'A~-.r_; Trustee I S Deed Pllge Two ttt OR: 2449 PG: 1322 *** VQC QQ-006 oSHEe-' Z of Z of Grantor. Any approved CmlVey.IIU sball oIly be: to a buyer who shall comply with the Grantor's compulsory cOIllitruction requirements and dt:~ign review procedures and who U,illcceptable to the Grantor. In the evtmt Grantee lhaII fail to commence construction, or to diligently continue and complete, construction as required by the General COVl nants, or in the event Grantee violares the foregoing restrictions, then Grantor shall have the right, but not th~ obligation, to repurchase the propetty at NINETY PERCENT ('Xl %) of the purchase price paid by the Grantee. less any attorneys fees, costs of transfer. recording fees. and other fees incurred by the Grantor in connecti('O with such repurchase, and the outstanding indebtedness and-all satisfaction costs of all outstanding mongl1gcl" liens and encumbIllJJCCS which may exist on the Propeny at the time of repurchase (the "Repurchase Price"). If the Grilntor shall elect to exercise such optioo to repurchase the Property. the option shall be exe.!cised by the Grantor within NIl'lC:TY (oo) calendar days from the date any wrinen notice is received by Grantee that tl1e Grantee shall have fai~ to commence or continue and complete construction as aforesaid. If the option is exeJ cised, the Grantor shan pay the Repurchase Price in cash and the Grantee shall deliver to the Grantor a warranty deed to the Property ~ing repurchased 'The foregoing shall be deemed to be cc venants running with the land and shall be binding upon and shall inure to the benefit of the Grantor and the G:antee and their respective heirs, legal representatives, successors and assigns. I TO HAVE AND TO HOLD the same in fee simple and to the proper use and benefit forever ot' the Grantt:e. And the Grantor does hereby fully "'urant title to the ProperJY except as noted above, and will defend the same against the unlawful claims of all pel sons claiming by, through or under the Grantor. but agaiDst none other. i Wherever used herein, the terms "Gr.u ror" aDd "Grantee" shall include all the pan.ies to this mstroment. Signed, sealed and delifered in the presence of: , I ....---. --; Sign ~~-/~5rEL'(Sea!) PrinLJ. DUDLEY GOODLETIE, Title~-r.gUSTEE . ___ STATE OF FLORIDA COUNTY OF COLUER TIle fort:going in.stNmem was aclcncwledge:d before me th~-.3/~y of July, 1998, by J DUDLEY GOODLETTF-, AS TRUSTEE, who is pers)nally knowD to me. ~-- Print NOU' A. HARIOI SUIte of Floricla at Large Commission Expires: {NOT ARY SEAL} ~::\. Hl>1'I A 11_""'" *~.MwCOrrwn_CC_ ,~,,; _ 0..:."'_'" aoo, AGENDA ITa, No. /7C- APR 2 7 1999 WII;'IOTIM. ~ ec.lt~lI:l. . T..hqCll>>~- Un'ol:,aJ FOf"mJ . (ll)l-'ffll Pg.--.:z List of Lot Owners surrounding Patrick & Claudia Duerr Lot 4 - Block E - Canterbury Green Patricia Grimes 5089 Ken. High St. Lot 1 - E - Canterbury Greens VAC QQ-CX:;;5 SHE:.E-T / 01= Z Rosemary Hobert & Jim Hammar 5085 Ken. High St. Lot 2 - E - Canterbury Greens Jeff & Carol Sousa 5081 Ken. High St. Lot 3 - E - Canterbury Greens William Breakstone 5073 Ken. High St. Lot 5 - E - Canterbury Greens Richard Ray 5069 Ken. High St. Lot 6 - E - Canterbury Greens Sussex Homes 5065 Ken. High St. Lot 7 - E - Hampton Row (Canterbury Greens) Sussex Homes 5061 Ken. High St. Lot 8 - E - Hampton Row (Canterbury Geeens) Pierina Caldera 5060 Ken. High St. Lot 18- C - Hampton Row (Canterbury Greens) Dennis & Mona Alongi 5064 Ken. High St. Lot 17 - C - Hampton Row (Canterbury Greens) Charles Goodyear 5068 Ken. High St. Lot 16 - C - Canterbury Greens - AGENDA ITEM No. ./7C APR 2 7 1999 Pg. /11 Joseph Dyer 6037 Berwynd Rd. Fairfax, Va, 22030 5072 Ken. High S1. (Lot Address) Lot 15 - C - Canterbury Greens VAC QQ-005 ? ;.4EE...,.. Z 0;= Z. lMichae1 Ball 5076 Ken. High S1. Lot 14 - C - Canterbury Greens Robert Kratzer 5080 Ken. High S1. Lot 13 - C - Canterbury Green Janet Hardie 5088 Ken. High S1. Lot 11 & 12, - C - Canterbury Green Steve Pascucci 5090 Ken. High S1. Lot 10 - C - Canterbury Green William & Shirley George 5092 Ken. High S1. Lot 9 - C - Canterbury Green AGENOAIlEM No. /?C t.PR 2 7 1999 '~ ,- l I Pg. 1/ li.._"....-OC't"1llC'"....__~ _ X~F~cwk~Cflt~ 2700 cstPWu .@la?,€.@od 0-7}o/lk, L\bhnda 3410.9 (.91;1) 6'1;.9-411;.1 ....~-\ .._1-: ."J':-,,' ,/~::::Jj~>' '.', ~~)'~. ':,,~:~\'~' ' "..:) (~.~~~ /" ,: ~ ~\ '.': .~{:~~v,l-' \.. "t.:S) '\\,\ I<.cl February 2, 1999 Mr. Michael Gibbons John F. Soave, Inc. 2043 Trade Center \o\Tay Naples, FL 34109 RE: 2.5' Vacation of Easement, Lots 4E and 5E Kensington Park Phase II Dear Mr. Gibbons: Kensington Park Master Association has no objection to vacating this easement as shown in your letter dated 1/26/99, subject to receiving no objection from Collier County. Sincerely, .I .I / /j ,\ i' /)/ ~j/u/j/'(jA.IJ {'"'\.; A- J .. ~~'t'. \ Richard P. Henderlong 0 Vice President Kensington Park Master Association cc: Jeff Mangan Block E, Lots 4 and 5. Soave, Gibbons.wpd AGENDA ITEM No. //C- APR 2 7 1999 Pg. /~ ~ JOHXF. SOAVE. L"lc. Qualitp is our (oundution To: Collier County Water Management From: John F, Soave, Inc. General Letter of No Objection January 26, 1999 To Whom It May Concern: Please let this letter serve as a request for a letter serve as a partially vacate easement between lots 4 E and 5 E. Proposed house on lot 4 E must encroach into said easement maximum of 2.5 feet. This will still leave required set back of side yard between 4 E and 5 E as per county requirements. Thank you, ~ ,o\GENOA ITEM No. /;7C/ " APR 2 7 1999 2043 Trade Center Way" Naples. Florida 34109 · 941-591-1116 · Fax 941-591-8609 · ww '.johnsoave.com Pg. CC~685 r- -...:..- JOH:\" F. s()A VE. L'\c. > - _.IV ,"''':( .~,. .<\',,'"--, '!II;- ': p' .~. ".\, \ .,,1# t~ .\. 1* _ { ,.. ~ "," (-', .... :)' """,, {~.,. ., ~ ~'~. " <<IZ.. _""- .;6,. I .'" .~' , _ ':- ~". ,J , " : ."r' t,_-.;r , 'l;< ..' .,<,,) '\ .'.. ~,. c\.~ . ?'. .' , ......... . " '~I ...,~. ,.,', . ~. .... ., "' "...... .~ ~....\; , i...'Uu;'i:U IS (jUr ,'lIunc.i...','lli" To: Collier County Planning Services From: John F. Soave, Inc. General Letter of No Objection January 26, 1999 To Whom It May Concern: Please let this letter serve as a request for a letter serve as a partially vacate easement between lots 4 E and 5 E. Proposed house on lot 4 E must encroach into said easement maximum of 2.5 feet. This will still leave required set back of side yard between 4 E and 5 E as per county requirements. Thank you, Wt%rJ6~ Michael Gibbons Collier County Planning Services has no objection to the above proposed vacation. ~ICL/~I!Z/~7 Rick Grigg February 2. 1999 r AGENDA ITEM No. //(J APR 2 7 1999 ~ 34109 · 941-591-1116 . Fax 941-591-8609 · wwt.jOhnSoave.com Pg. CSJ~685 2043 Trade Center \Vay · "iaples. Florida , , '.' \ ,', '.'~Ir;r:-, ~'~ !:D~ '~JO~ F. SOAVE. DOC. '.' !. u.' : : .' i.J ! S fi:... r ! () U 11 u'11 ! f () n To: Collier County Transportation Services ~~ .... .... .... .... .~.". ~\:..,...... .,.'" ~ (", > ,-- '\: ,"" '~ ' .. ....~('-_.'\ \. ','\ \~~-, ",' ,~\\ 'I' \ ,,) From: John F, Soave, Inc. General Letter of No Objection January 26, 1999 To Whom It May Concern: Please let this letter serve as a request for a letter serve as a partially vacate .easement between lots 4 E and 5 E. Proposed house on lot 4 E must encroach into said easement maximum of 2.5 feet. This will still leave required set back of side yard between 4 E and 5 E as per county requirements. T~~ Michael Gibbons Collier County Transportation Services has no objection to the above proposed vacation. T:2:,,-/.-/' ~&?/~7 Rick Grigg February 2, 1999 i r" 7 J i ',' "~ .;, \999 q:p, , I - , --' -_1"' AGENO~ ., No. //C-- APR 2 7 1999 ~043 Trade Center \ray · "iaples. Florida 34109. 941-591-1116 · Fax 941-591-8609 · www. ohnsoave:5~ PI.C C~ VRe. .qc,- 005 - I 2 to 1st i12 ~3 ~U !i15 .~ll ~ 'IT' , , , I I I , , Q' _ L ~. io t. ~" 17 18 II " " " · " · H " !) ~ 12",@i(s9 ~~ 11 ~ ~ 2 k 10""""................ lImE '.. · f\o\ TBICt H r --rti' 19,. ;;. ~ --' ~ 1 " \' 'h".' ... 1 ... 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I AGENOA ITEM No. /?C- - APR 2 7 1999 I .. .. '" " '!>-<l . HI r I I I II , I If ,.M .' . I " I I I II " I I . " ., " ., I I "'" ..1..' '" I .,1 I I II " I.. I , I'''' I II F; TT~ ( N'n'I' A :JUHV~"') VAC qq=-l ---<--~ r'T.A -"-1 1-- SOO'~'5' -E .L & I'" '&'& ... ,1 .... a... <t .11.;:0; I ,. .,J ..5" n g IU (' 77..... P." ,.. ~I~ F-- 4IC ' {.L ..11I.... < 1--.- 91.es' ~ ~ ~ i . . . I i I I ) , i . ! I i I ~ l ~ ~ ~ I ~ !l.0 21.S' w'" 4 lt1 ;l(BLOCK E l' ~ .., CIC-S'1'ClR"f c:.a.& 0 ~ IIICIDI4 '" P ~;;;; :'''"rr oti,,': ~~ :.':" -.... -, ~ V\NAl '" '4.0' ti LOT 5 BLOCK E ,LOT 3 AT .or.K Po e... ocr a.o' ~ .., S"" ~ I I I I ~I ~I I I i i l_ - J . , ~ I ~ ~.~. HIGH Oi.t.IN LINK F"ENCE 2,5' O;:F L.INE O.E. PLAT CORINTHIAN GARDENS T.t.:N N 1::; Ct;NTER WO Fd..!J AT N01C:S: ,"'>ORES;;, . t t I ~ , 5064 MICM STREEi - ...; , f I \ L~c~wn AIr:: - ,,1ft CQ!llOI T:o..t~lII ~ ( - ACef" eAX'Wno~ .., .iJ,....... a.A.1IN~ooI' ~;." . 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I a.,... . f....tC.I'4T "0..' . tot", _ Y"'n:D lTLJ:PNOfot( !'a:IIf....,q "'I) . :::o::.!;~...~ ~:~ --~...;...;. l ~ _ WA-rr'" "'...~YC ! &' c... .. E"-t<;;TllflllCA4. e<)ll o ~A"'" .. CAkl: 1t.LtVlJIION (:) .... - ~,,'T'['" WCT[~ t ~o _ ~f~H c:..t...... 0..;'7 ~ ......t:II4'!~.."'Cl..~ r~ : ~~~ ~~. ~~.~~ p!.~~ : ~ ~~~t~ r ..,,..... .... "t~~..~ ~~t'!!,..,'~ t UCiO.A1. DI::SCRIPTION: lOT 4, BLOCX Eo KENSINGTON PARI< PHASE TWO occordlng to tho P'ot roco.rd.d In Plot Sook 2~, PQg'4l. 82 k 83 (Of t1'l9 Publlo RQc;orde of ColHor County. F"JorJdo [ JZJlnIlOV 0i!II1"f'U'Y L.... SHEF'1'"In.O-N4Pl.F:S U"'l"fEO PARlNERSHIP k JOHN SOAVE. INC, i t 15~-~'----p ~ A ~] I.... ~ ENG!~EERING ~ . IGN~ III~ { ~~~~ ~ " ~'O' TAWfAvt T'Jt..~ ("'ST. SVt'TC 202' ~ CP.,) n:'-t;'S.i. 'lOi>1rO...~ d1,'")'?"'-n~ -, ,. P. C*A__; ".M'. ott~t.~.: ."..... -o..cC'f , n...w . JAMJ~~Y ~. ,r.. r~, ,.. ..._ ~__~_t:Clr..~t"'I,.,,17."'':P "1'''' ~~-- r:r~u- 1 , ,;,.-,~J~z NOT VAlJ UN'~f:S$ 'l: D;I~':>~"S01 n-l ~'_ / w:m.Ull C. )::0/ !'< ~--'P.;..,S. ~{1' 43 ~ .-- K~; ," -~. '""'" O"'1"l C'o" ""r~t' ~ -.j "'Cl~I(O~ 0lII A....o: ~, 7" "-0'" .:5Z: ..,. T SUR "I[ l.O I!IOQI(: l"I'f~"'_ .-~.- EXECUTIVE SUMMARY PETITION Pl.JD-98-21, DAVID H. FARMER, OF COASTAL ENGINEERING, INC., REPRESENTING THE CLUB ESTATES, L.C., REQUESTING A REZONE FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT IN ORDER TO MERGE THE CLUB ESTATES PUD (ORDINANCE 97-69) AND THE CASA DEL SOL PUD (ORDINANCE 89-70) TO CREATE A NEW PUD KNOWN AS THE CLUB ESTATES PUD FOR PROPERTY LOCATED ON THE WEST SIDE OF c.R. 951 APPROXIMATEL Y ONE MILE NORTH OF RATTLESNAKE HAMMOCK ROAD, IN SECTION 10, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 254.7 i: ACRES. /- OBJECTIVE: This petitioner desires to combine two existing Planned Unit Developments (PUD), the Club Estates and Casa Del Sol, into a singular, residential development that will have a unified Master Plan to be known as The Club Estates PUD. If approved, the new PUD will encompass a land area of approximately 255i: acres of which 79.7 acres will be designated for single family lots on the Master Plan. The residential area will allow 49 single family dwelling units at a gross project density of 0.19 dwelling units per acre. In addition, the Master Plan provides for 108.5 acres of conservation area, 48.2 acres of lakes and conservation area, and a 0.9 acre common area with tennis courts. CONSIDERATIONS: The property is located on the west side of CR-95 1 approximately one mile north of Rattlesnake Hammock Road (CR-864). The subject property is currently zoned as two separate residential PUD proj ects allowing for residential land uses and a common area with tennis courts. The surrounding zoning is mostly PUD containing similar or higher density development as that proposed for the Club Estates. The existing Club Estates PUD was approved in 1997 and the Casa Del Sol PUD was approved in 1989. Both are deemed to be consistent with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The Casa Del Sol PUD was split in 1998 and the 140-acre southern portion of that site was combined with the Naples Forest Country Club PUD approved in 1998. The remaining 99-acres of the Casa Del Sol PUD is proposed to be combined with the 154-acre Club Estates. The Club Estates is already under construction having infrastructure in place, including roads, lakes, an eight-foot privacy wall, and a guard house. The primary access to the various development tracts within the PUD is from an internal road connecting with CR-951. The addition of the former Casa Del Sol remnant will utilize this access, thus eliminating a future access point on CR-951. AGENDA ITEM No. /'f 0 . 1"'-- APR 2 7 1999 / . Pg. PROS/CONS: Pros The proposed rezoning of the site to combine the two PUDs is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the Growth Management Plan) is a positive one. Furthermore, the combination of the Club Estates and the remnant of the Casa Del Sol PUDs is a positive step in developing these properties. The proposed PUD will help to eliminate future access points and uncoordinated and disjointed development along CR-951. The resulting development will result in decreased density and traffic impacts, more conservation area and open space, and will create a 120-foot-wide right-of-way reservation to be used for a future east-west connector road between CR-951 and County Barn Road. Cons None. FISCAL Il\fPACT: The Club Estates PUD is a single family project. At build out, based upon authorized uses and planned intensity of development, the following revenue is estimated. Impact Fees Park Impact Fee: Library Impact Fee: Fire Impact Fee: School Impact Fee: Road Impact Fee: Radon Impact Fee: EMS Impact Fee: Bldg. Code Adm.: Micro Film Surcharge: $578.00 per unit x 49 du's = $180.52 per unit x 49 du's = $0.15 per Sq. Ft. of bldg. area @ 3,000 SF x 0.15 = $1,778.00 per unit x 49 du's = $1,379.00 per unit x 49 du's = $.005 per Sq. Ft. of bldg. area @ .005 x 3000 = $14.00 per unit x 49 = $0.005 per Sq. Ft. of bldg. area @ .005 x 3000 = $2.00 per unit x 49 = TOTAL IMPACT FEES $ 28,322.00 8,845.48 450.00 87,122.00 67,571.00 15.00 686.00 15.00 98.00 $ 193,124.48 The average size if the proposed dwelling units is 3,000 square feet. This project will provide 49 dwelling units of this size, therefore, the estimated total amount ofi .L ,,- -r AGENDA ITEM collected at build out will total $ 193, 124.482:. this is a raw estimate based on urrenJ. /7/.) impact fees and proposed dwelling units. - APR 2 7 1999 ,.-- Pg. ..tl.. In addition to the impact fees described, there are building permit review fees and utility fees associated with County water and sewer connections. Building permit fees have traditionally off-set the cost of administering the community development review process, whereas, utility fees are based on their proportionate share of impact to County utilities. Finally, additional revenue is generated by ad valorum taxes. The amount of revenue generated by the ad valorum tax depends on the value of the improvements. At this time, staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. The above discussion deals with revenue streams. Keep in mind, any discussion of fiscal impact analysis is incomplete without an estimate of costs that will be generated by a particular land development project. But, at this time, staff has not developed a method by which to estimate the cost of a particular land development project. Such a model, in our opinion, would be misleading because there is no certain way, with respect to housing projects, to determine their value and likelihood that not all of the authorized development will occur. Regardless of a lack of methodologies to determine all of the fiscal impacts of a land development project, development still has concurrency relationships or limitations. When levels of services (LOS) fall below County adopted standards, a mechanism is in place that would require that building activities would cease until such a time as additional facilities are provided for by the developer or made available by the County. Certain LOS standards also would require a countywide concurrency determination versus an area or local determination such as for roads. The proposed Club Estates PUD will not cause County LOS to be exceeded. GROWTH MANAGEMENT IMPACT: The approval of this rezoning request is deemed consistent with the requirements of the Collier County Growth Management Plan. A project deemed consistent is considered to have no negative impacts on the objectives and policies of the GMP. HISTORICAL/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property does contain some small areas of historical and archaeological probability as referenced on the official Collier County Probability Map, therefore, an Historical and Archaeological Survey and Assessment or waiver from this requirement was required at the time of the existing PUD approvals. The most probable area for an historical or archaeological site to be found is located in the 108.5 acre conservation area. Since the State Division of Historic Resources indicates that they have no record of historical or archaeological sites occurring on the projec since there is such a low potential for archaeological sites being discovere property, staff is requiring that the provision outlined in the Land Develop Pg. "3 (LDC) be followed. Section 2.2.25.8.1 of the LDC requires the following: If during the course of site clearing, excavation or other construction activity an historical 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 contacted. PLANNING COMMISSION RECOMMENDATION: At the March 18, 1999 meeting of the Collier County Planning Commission, the Commission voted unanimously to recommend that the Board of County Commissioners approve Petition PUD-98-21 as described by the Ordinance of Adoption and master Plan and subject to the conditions of approval incorporated into the PUD Document. PREPARED BY: k,~ DONALD,J. ;MURRAY, AIC PRINCIP AVPLANNER '-1- /1- t:t'J DATE ~-\ / REVIEWED BY: , I' \\' / I~ \ I. \ \ , " ;;'--, \ . i.... "1' '--, " ,. ,-- ('"" .__' , J , _.- \"_~' it \ n... RONALD F. NINO; AICP CURRENT PLANNING MANAGER \ 1 l'^ r t' " "'J' '-J I .~, DATE /L~ ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR (/j' '-J S I /). '. DATE APPRo/ED BY: 9i~- t1 ' r VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. // /~. ~ ~!7/"1? DATE Petition PUD-98-21 The Club Estates PUD rezone. Scheduled for the April 13, 1999 Board of County Commissioners' meeting. Continued to the April 27, 1999 Board of County Commissioners' meeting. AGENDA ITEM No. /'7D APR 2 7 1999 -- Pg. 4 AGENDA ITEM 7-E MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: FEBRUARY 2, 1999 RE: PETITION NO: PUD-98-21, THE CLUB ESTATES PUD OWNER/AGENT: Agent: Mr. David Farmer Coastal Engineering Consultants, Inc. 106 S. Horseshoe Drive Naples, Florida 34104 Owner: The Club Estates, L.c. Charles V. Benton, Principal 4141 Isle of Capri Road Naples, Florida 34114 REQUESTED ACTION: This petition seeks to have the herein described land rezoned from its current classification of "PUD" (The Club Estates and Casa Del Sol) to "PUD" Planned Unit Development to be known as The Club Estates PUD for a residential, single family detached development. GEOGRAPHIC LOCATION: The property is located on the west side of Isle of Capri Road (CR-951) in Sections 10 and 15, Township 50 South, Range 26 East (See location map on following page). PURPOSEIDESCRIPTION OF PROJECT: The applicant is requesting to combine the two above referenced PUD Documents and combine them into a singular development that will have a unified Master Plan and PUD document. If approved, the new PUD will encompass a land area of approximately 254.6 acres of which 79.7 acres have been designated for single family lots on the Master Plan. The residential area will allow 49 single family dwelling units at a gross project density of 0.19 dwelling units per acre. In addition, the Mast . provides for a 108.5 acre conservation area, a 48.2 acre lakes and conservation area, and a 0 acrtGEOO;-;TPA common area with tennis courts. The remaining land area is comprised of 17.3 acres of right- f-wa~' -- APR 2 7 1999 Pg. ..:{ - @ . ;; ~ ~ , ~i ~ I . ~ - ~ I ......, - ."--'If:) ~ ., ""1 .~ Z! I I 0 I I w- Ii I t-!< 0- 00 0 I I. I " 0' Ii <t -.Ji :\ " ~ ~ ~ " 0 I~ ~ ~ .. \~ ! ~ .. ~ d -< ~ Ii UJ I ~ g :r Iil ~ I! ... " ~ \g .. ~ ~ - ~ i \ en ~ I i \ ~ \ -j ..j ~ Nt I ~ ., 0- 0 , Q :;) / Z- Q.. J"l'rttI:l6 Ql JON ., - - z 2 .... i=i WI 0 a..i ~ 0 ~ = ~ ~ :' ;!, ~ N "- ~ ~ ~ :i ~ ,,--. / ~ ~~ ~'" ~!l = :l: :ll ::l a.. <t ~ N Z N N N 0 - ~ U III 0 ...J AGENDA ITEM I No. /7/) .. i a APR 2 7 1999 ! Ir ~ S ~ Pg. t ;:; is! n .., .., .. ~ ! 1I! III i " ~ :; ~ o '" ! ;:; ;c . ~'~e t: CM>>:l RIdY.l JO 3151 - L!i6 '~r:> I i~~ ~ u ,/- ~6J: ,/ ~ f!: on I 000000 ; ~I ;'" ". -I ~ I ". ~ U ... 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B VI :oc ~ 4- Cl z Ii AGENOA ITEM No. /7' b APR 2 7 199 and a turn lane. Landscape buffering and development standards will meet or exceed all requirements of the Land Development Code. t should also be mentioned here that the existing Club Estates is already under construction having mfrastructure in place, including roads, lakes, an eight-foot privacy wall, and a guard house as shown on previously approved construction plans. The primary access to the various development tracts within the PUD is from an internal right-of-way connecting with CR-951. The addition of the former Casa Del Sol remnant will utilize this access, thus eliminating a future access point on CR-951. SURROUNDING LAND USE AND ZONING: Existing: The property is partially developed and cleared, and is zoned "PUD". Surrounding: North - To the north is the 320 acre Naples National Golf Club PUD (PUD-92-3). The portion abutting the Club Estates north property line is a golf course. The approved residential density for this PUD is .075 units per acre, and there are 24 total units and a clubhouse on five acres. East - To the east is CR-951 and undeveloped property zoned RSF-3, RSF-4, RMF- 6 and Agricultural. South - To the south is Naples Forest Country Club PUD (PUD-97-16), approved in 1998. The approved residential density for this PUD is 1.67 units per acre. This PUD will have 785 dwelling units on 110 acres at build out. The PUD also contains an 18 hole golf course and commercial center. West- The Naples Heritage Golf and Country Club PUD and Shadowwood PUDlWing Park South Air Park are located to the west. The Shadowwood PUD will have a density of3.6 du/ac at build out and contains a nine hole golf course and 558 units on 117 acres. The Wing South Air Park is mostly commercial and has an airstrip, which runs north to south along the Club Estates PUD west property line. This area is buffered by proposed 108.5 acre Conservation Area that is designated within the Club Estates PUD as shown on the Master Plan. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is presently zoned as two separate residential PUD projects allowing for residential land uses and a common area with tennis courts. The existing The Club Estates PUD was approved in 1997 and is deemed to be consistent with the Future Land Use Element (FLUE). The Casa Del Sol PUD was approved in 1989 and is also deemed consistent with the current Growth Management Plan (GMP). A review of the consistency relationships of the proposed amendment with elements of the GMP is as follows: .me Land Use Element - The subject site is located within the Urban - Mixed Use Di designated on the Future Land Use Map of the GMP. This area is limited to a maximum d 2 AGENDA ITEM 'ct~ /7/) i~~ 2 7 1999 ..---.- Pg. {? three dwelling units per acre (four with secondary access). This project is not eligible for any density bonus provision of the Density Rating System. Since the proposed project density is 0.19 units per acre, this petition is deemed consistent with the density rating system as set forth in the Future Land Use Element ofthe GMP. In addition, both existing PUD's were found consistent with the FLUE of the GMP. Since both PUD's are now being combined into one PUD document, and no new impacts are identified or created, the new PUD must be deemed consistent with the FLUE of the GMP. Traffic Circulation Element - The proposed addition of Casa Del Sol to the Club Estates PUD will add 21 more units to the Club Estates PUD, which is currently approved for 28 units on 155 acres. The additional 21 units will bring the total to 49 units on 254.6 acres. The Traffic Impact Statement estimates that the additional 21 units will generate approximately 200 average daily trips more than the currently approved Club Estates PUD. However, based on the existing approval for Casa Del Sol, this represents a reduction of 1,256 trips per day from the amount of trips that could be generated if the Casa Del Sol PUD were developed with 250 townhouse units. Based on this data, the site generated traffic from the proposed change will not exceed the significance test standard (5% of the LOS "C" design volume) on CR-951 after trip assignments are made. As a result, the proposed project will not lower the level of service below the adopted LOS "D" standard within the project's radius of development influence (RDI). It should be noted that the current traffic count for the four- lane segment ofCR-951 fronting the proposed project is 21,397 PSDT and it is operating at a LOS of "B". This portion of the CR-951 arterial is not projected to be deficient within the next five years. Given this analysis, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The access to the proposed PUD is via a loop road connecting to CR-951. There is clear sight distance at the access point and the ingress/egress should function adequately. Therefore, this petition is consistent with Policy 7.3 of the Traffic Circulation Element. It should be noted that the petitioner has provided for a 120-foot right-of-way reservation along the south property line for a future east-west connector road between CR-951 and County Barn. At this time, no interconnection of internal project roads to the proposed east-west connector road are planned. Open Space Element - Acreage designated as conservation totals 108.5 acres while 48.2 acres have been designated for lakes with a conservation buffer. Open space exceeds the 60 percent open space requirements of Section 2.6.32.2 of the Land Development Code. As a result, the proposed conservation and open space plan. is consistent with the Conservation and Open Space Elements of the GMP. Other Applicable Element(s) - These include utilities and water management. Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. Once these utility lines are completed in accordance with County standards, they will be conveyed to Collier County as required by County Ordinances. Water management facilities will be constructed to meet County Ordinances and these will be reviewed and approved as a prerequisite to obtaining subsequent development order approvals. The above prescribed course of action makes thi peti OBNOA ITE' consistent with this element of the GMP. No. /? /.) APR 2 7 1999 3 l Pg. 9 HISTORICAL/ARCHAEOLOGICAL IMP ACT: Staffs analysis indicates that the petitioner's property does contain some small areas of historical and - U'chaeological probability as referenced on the official Collier County Probability Map, therefore, an distoricaV Archaeological Survey and Assessment or waiver from this requirement was required at the time of the existing PUD approvals. The most probable area for an historical or archaeological site to be found is located in the 108.5 acre conservation area. Since the State Division of Historic Resources indicates that they have no record of historic or archaeological sites occurring on the project site, and since there is such a low potential for archaeological sites being discovered on this property, staff is requiring that the provision outlined in the Land Development Code (LDC) be followed. Section 2.2.25.8.1 of the LDC requires the following: 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 contacted. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of concern. This primarily includes a review by the Community Development and Environmental Services Division Staff and the Transportation Department Staff. The petition was presented to the Environmental Advisory Board (EAB) and was recommended with minor stipulations that were included in the PUD Document. ..NALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report as Exhibit "A" and Exhibit "B". In addition, appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements. Other evaluation considerations should include an assessment of adequacy of Aansportation infrastructure, other infrastructure, and compatibility with adjacent land us A ITEM .lte to both the rezoning action and the long range plan for future land uses. Subsequ t tCNJ. s / ?/) ...lalysis, Staff advises the following: 4 t..PR 2 7 1999 Pg. /6 Relationship to Future and Existinl! Land Uses: This provides for a discussion of the relationship of the proposed zoning action to the Future Land Use Element of the Growth Management Plan as it applies specifically to Collier County's legal basis for land use planning. Included as part of this analysis should be a consideration of the existing and historical zoning and land use changes in this area. An overview of the historical land use follows: · In 1989, the area to the south of the existing The Club Estates PUD was rezoned to PUD known as Casa Del SoL This was divided in 1998 and the south portion of Casa Del Sol was rezoned along with additional undeveloped property of Section 15 to create the Naples Forest Country Club PUD. The remainder of Casa Del Sol remained a PUD because it was not repealed at that time. That portion is the addition to The Club Estates PUD being considered here. The Naples Forest Country Club PUD encompasses approximately 485 acres within an Urban Mixed Use District as identified in the FLUE of the GMP. That PUD is currently undeveloped but will have a density of 1.67 units per acre and will contain 20,000 square foot lots, a private golf course, and a 15-acre commercial center located at Rattlesnake hammock and CR-951. · North of the proposed Club Estates is Naples National Golf Club PUD, which encompasses 320 acres of property. The PUD contains a 62 acre golf course, clubhouse, and 24 guest suites. Most of the golf course abuts the north property line of The Club Estates PUD. The PUD has a density . of .075 units per acre. · Property to the west and northwest includes Naples Heritage Golf and Country Club PUD (referred to as Naples Heritage) and Shadowwood PUDlWing South Air Park (referred to as Shadowwood). The Naples Heritage PUD added the Shamrock Country Club in 1995, expanding the development to 558 acres, including 799 dwelling units and an 18-hole golf course. This created a more unified development in the area. Naples heritage PUD has a density of 1.43 units per acre. The Shadow-Wood PUD was created in 1982 from the Wing South Air park that was initiated in the 1970's. The Shadowwood PUD continued that development, built around the air park theme, 569 dwelling units on 168 acres and includes single family, multi-family and condominiums, commercial development, a nine hole golf course, and an airstrip. The airstrip is located along the abutting west property line of the proposed The Club Estates PUD. The western portion of The Club Estates is composed of a 108.5 acre conservation area, which serves as an adequate buffering between the air park runway and the residential units of The Club Estates. The currently approved Club Estates and the Casa Del Sol PUDs have been deemed compatible with the adjacent land uses as discussed above. The proposed petition to combine these two projects will not create any new or substantial impacts to nearby and adjacent land uses. The combination will decrease the total number of dwelling units that could have been built under the existing PUDs and it will eliminate the need for additional access onto CR-951. With respect to the matter of compatibility with the FLUE, this is an evaluation whose primary focus is similarity of land use and relationship to adjacent land uses. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the land will be used and developed for those land uses authorized within the existing PUD projects. The proposed PUD Document includes similar land use as approved in two original PUDs. The PUD proposes a single family re . ENOA IT'" development with lakes, conservation areas, and tennis courts. The development will also e ~l / /( . 5 APR 2 7 1999 Pg. II under the three dwelling units per acre densities that are allowed in the Urban Residential Mixed Use District as identified in the FLUE of the GMP. T'he transition of the area from Davis Blvd. to Rattlesnake Hammock Road has clearly transitioned from higher residential densities and smaller lot sizes such as found in RMF-lO and RSF-4 zoning districts (2.7 duJac in this case), to lower urban residential densities and lot sizes as found in the surrounding PUDs. This transition to lower densities in this area is compatible with the Future Land Use Map and FLUE Policies of the GMP. Furthermore, with respect to the matter of compatibility. the subject PUD is similar to other approved Planned Unit Developments in this area and work has already begun on the existing Club Estates. That work includes infrastructure. a guard house, and a gated access road. Traffic - The primary vehicular access point is from CR-951 a four lane divided highway. In view of the adequate depth and sight distance on this road segment. the access point should operate with an acceptable level of safety and is subject to the Access Management Plan. The GMP consistency review states that approval of this petition is consistent with policies ofthe TCE. Utility Infrastructure - Both County sanitary sewer and water supply are available to the property and will be extended as a consequence of future development. All development must comply with surface water management requirements invoked at the time of site development plan approval as the case will be for development of this land. Community Infrastructure and Services - The subject property is readily accessible to a whole range (' community infrastructure which is enhanced by its location between activity centers at Rattlesnake _lammock Road and CR-951 and at I-75/Davis RoadlCR-951. Shopping centers. business offices and medical offices of various specialties, and schools are all within a short driving distance. Urban development is underway in the area surrounding this PUD. which is an indicator of its timeliness for development. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-98-21. The Club Estates PUD Document and Master Plan subject to the conditions of approval that have been incorporated into the PUD Document. AGENDA ITEM No. /?/) APR 2 7 1999 Pg. /:2 6 CIP AL PLANNER . f1~ - ROBERT J. MULHERE, AICP, DIRECTOR PL SERVICES DEP MENT ~d~ V CENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for March 18, 1999 CCPC meeting. COLLIER COUNTY PL~G COMMISSION: ~ CHAIRMAN s. bR.0E:r PUD-988-21/STAFF REPORhDJM 7 ;2. -.;2.6-97 DATE ~\ O~ '~1 DATE 5-5~~ DATE 3 -:J--"79 DATE AGENDA ITEM No. /.7-.0 APR 2 7 1999 Pg. ~ FINDINGS FOR PUD PUD-98-21 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area. (ii) The subject property is served by a network of arterial roads, all within the urbanized area facilitating access to a variety of community services and facilities. (iii) The surrounding properties are developing with similar types of residential units. (iv) One access point from CR-95l will minimize potential traffic conflicts that would occur if two access points were developed as authorized for the two existing PUDs. Con: (i) Existing residents often perceive a mixed use residential and commercial intensification near their neighborhood as contributing factors to inconveniencing traffic movements to and from their place of residence, increasing noise and pollution, and reducing property values. Findine: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give insurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will ensure compliance with Level of Service relationships as prescribed by the Growth Management Plan. - AGENDA ITEM No. //?L) APR 2 7 1999 Pg. /1 Exhibit" A" 1 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Findine: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan, Pro: (i) The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. Con: (i) None. Findine: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A review of consistency relationships with elements of the GMP is as follows: Future Land Use Element - The subject site is located within the Urban (Urban - Mixed Use District) on the Future Land Use Map of the GMP. This area is limited to a maximum density of four dwelling units per acre. Therefore, this project is not eligible for any density bonus provisions of the Density Rating System. Furthermore, the failure to provide an interconnection of local streets with adjacent properties could potentially result in a reduction of one dwelling unit per acre by the BCe. As a result, the project is eligible for a density of three units per acre if the BCC determines that an interconnection to the adjacent properties is feasible. Since, the proposed project density is 0.19 units per acre, this petition is deemed consistent with the density rating system as setforth in the Future Land Use Element of the Growth Management Plan. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: The PUD has been designed to optimize internal land use relationships throu open space separation thereby protecting sensitive areas and uff~A:~ residences both internally and externally. No. / ? 1./ APR 2 7 1999 Pi. /15 2 Con: None. Findin~: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. Additionally, external relationships are automatically regulated by the Land Development Code to ensure harmonious relationships between projects. 5. The adequacy of usable open space areas in existence and as proposed to serve the development Pro/Con: Evaluation not applicable. Summary Findin2: The amount of open space set aside by this project is greater than the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private, Pro/Con: Evaluation not applicable. Summary Findin2: Timing or sequence of development in light of concurrency requirements is not a significant problem. Some improvements are already in place due to the development activity within the existing Club Estates PUD. 7, The ability of the subject property and of surrounding areas to accommodate expansion. Pro: This petition seeks to rezone the existing Club Estates and Casa Del Sol PUDs to combine them into a singular development. The combining of the remaining remnant of the Casa Del Sol PUD seems to be a logical step in the development of these properties and further reduces the need for additional access points which might otherwise impede service on CR-951. Con: None. .,--, Summary Findin~: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petitio~ development of the subject Pf i timely, because supporting infrastructure is available. AGE~AJ,~ No. ///d , APR 2 7 1999 Pg. /6 3 8. Conformity with pun regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Evaluation not applicable. Summary Findin2: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for the particular housing structures and associated requirements. FINDINGS FOR PUD-98-21/DJM 4 AGENDA Irr N<l. /7 L APR 2 7 1999 f Pg. // REZONE FINDINGS PETITION PUD-98-21 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: 1. The subject property is located within the Urban (Urban - Mixed Use District, Urban Residential Subdistrict) that allows for a maximum density of 4 units per acre. ii. Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. Con: None Summary Findings: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. The uses permitted within this PUD are consistent with the currently approved uses. This petition is also consistent with Policy 5.1 of the FLUE to the GMP. 2. The existing land use pattern; Pro: A more detailed study is contained in the staff report. Con: None Summary Findings: The subject property is currently partially undeveloped, partially cleared, and is zoned "PUD". To the north is golf course zoned "PUD". The greater portion of that land remains in its natural state and the use is limited to an eighteen hole golf course and ancillary and accessory golf course recreational uses. The approved residential density for this PUD is .075 units per acre. To the east is CR-951 and undeveloped properties that are zoned RSF-3, RSF-4, RMF-6 and Agriculture. To the south is an undeveloped PUD approved by the BCC in 1998 (pUD-97-16). The PUD has ~ Exhibit "B" AGENDA ITEM No. J7/) , 1 APR 2 7 1999 Pg. If 110 acres, which will contain 785 dwelling units at build out for a density of 1.67 units per acre. This PUD also contains an eighteen hole golf course and commerciaVoffice center. To the west are two more PUDs and an air park with runway (Naples Heritage PUD-95-10, Shadowwood PUD (1982), and Wing South Air Park). These developments are almost built out. The density for Naples Heritage PUD is 1.43 units per acre at build out and Shadowwood, an older community, is 3.6 units per acre at build out. The majority of the successful surrounding developments are of similar low density and lot SIzes. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed rezone is similar to other approved PUDs in this area. Approval of this PUD will not create an unrelated zoning district. Con: Evaluation not applicable. Summary Findin2:s: The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its currently approved zoning which is consistent with the FLUE. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Con: None. Summary Findine:s: Surrounding Lands are zoned PUD that contains similar residential development and densities. In addition, the boundaries are logically drawn by virtue of the site's location within two existing zoned PUD projects. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the Growth Management Plan) is a positive one. Furthermore, the combination of The Club Estates and the remnant of the Casa Del Sol PUDs is a positive step in develop' . properties and eliminating future uncoordinated and disjointed development a ng e~NO~~ 951. No. ;1 ~Jd. APR 27 1999 -., 2 Pg. /7 Con: None. Summary Findines: Consistent with the Growth Management Plan. 6, Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) Con: (i) The existing approved PUD projects on the subject site contain similar permitted uses and abutting PUDs are also approved for similar uses. Due to the proposed conservation areas, the proposed PUD should not adversely impact the adjacent properties. Summary Findin~s: The proposed PUD will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety, Pro: (i) (ii) (iii) Con: (i) (ii) ".-- An action to rezone the property as requested is consistent with the traffic circulation element. The property fronts directly on a public road (CR-95I ) thereby providing an access to the arterial road network over which traffic from this mixed use development will draw and defuse traffic. It also eliminates further need for additional access points on CR-95 I due to the combining of the two existing PUDs The PUD impact to CR-951 will be negligible due to the low density of the proposed development. As urban intensification increases, there is some loss of comfort and ease of travel to the motoring public. However, by law this degree of discomfort is regulated by concurrency requirements. In the short run construction traffic is necessary for developmen~ be irritating to local residents. ~ AGENDA ITEM ~ No. /7;0 6 ' :1 ~ t J l 2 7 1999 , ill 3 Pg. ~() Summary Findine:s: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, and, when developed, will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e., turn lanes, traffic signals, dedications, etc.). In the final analysis all rezone actions are subject to the Concurrency Management System. 8. Whether the proposed change will create a drainage problem; Pro: (i) The Land Development Code specifically addresses prereqUIsIte development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: (i) None Summary Findines: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed mixed use development conforms to the approved zoning on the adjacent properties. The overall development standards are compatible with the standards listed for the similar commercial districts in the LDC that are designed to protect the circulation oflight and air to adjacent areas. Con: None. Summary Findine:s: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e., open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. AGENDA ITEM No. /72:> APR 2 7 1999 4 Pg. r;2 / 10, Whether the proposed change will adversely affect property values in the adjacent area; Pro: Typically urban intensification increases the value of contiguous underutilized land. This project should have little negative impact on surrounding properties and most likely a positive impact on them. Con: None. Summary FindiDl~s: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself mayor may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation mayor may not affect value. The proposed PUD should have a positive impact on property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary Findin~s: The basic premise underlying the zoning development standards in the LDC is that their sound application, when combined with the site development plan approval process, gives reasonable insurance that a change in zoning will not deter improvement of adjacent property. Also, the PUD Document and Master Plan has made provision for buffering or transition of intensity of uses between parcels within the PUD and those adjacent to it. This arrangement coupled with the requirement to provide open space should provide reasonable insurance that a change in zoning will not result in a deterrence to improvement or development of adjacent residential property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. ~ Summary Findin~s: The proposed PUD complies with the Growth Management Plan. Public policy statements support zoning actions when they are consistent with said plan, In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare reI' . A NQA ITEM because actions consistent with plans are in the public interest. No. -./20 APR 2 7 1999 5 Pg. ~;. , , 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findines: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE as contained in the Growth Management Plan, especially when considering the remaining portion of the Casa Del Sol PUD. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The project is designed in a manner that IS compatible with surrounding and approved PUD property in size and scale. Con: None Summary Findines: The subject PUD complies with the Growth Management Plan while the intensity of land uses is deemed acceptable for this site. 15, Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Findines: There are many sites that are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro: The site alteration will have most of its impact on the eastern portion of the property, which contains mostly pine flatwoods. The western portion con . . cypress stands will remain mostly as a conservation area. The dominant malaleuca. The environmental impacts are minimal. APR 27 1999 6 Pg. ~. Con: None Summary Findines: The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval to execute the POO's development strategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary FindiD1~s: A multi-disciplined team responsible for jurisdictional elements of the GMP have reviewed this petition and have found it consistent with the GMP. The conditions of approval have been incorporated into the POO document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. REZONE FINDINGS R-98-21fDJM ~ ~ AG~A ITEM No. ./7 L:> APR 2 7 1999 Pg. ~t/ 7 APPLICA nON FOR PUBLIC HEARING FOR: ~ll~Zo.N~E: 0 . L.,.,...... ,,_.. .. P ti'ti' N P U D 9 8 - 2 1 e on 0.: . '" WJV 2 :11998 Date Petition Received: '1J1J../~~ IT4~; .3:Y'.~:::=~ Commission District: Planner Assigned: J) () Iv V)1 .v/~;eA. y / ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s) The Club Estates, L.C. (Charles Benton, Principal) Applicant's Mailing Address 4141 Isles of Capri Road Zip 34114 City Na p 1 e s State Florida Applicant's Telephone # (941) 775-3468 Fax # (941) 775-6351 Name of Agent David Farmer Firm Coasta 1 Engineeri ng Consultants, Inc. Agent's Mailing Address 3106 South Horseshoe Drive City Napl es State Flori da Zip 34104 Agent's Telephone # (941) 643-2324 Fax # (941) 643-1143 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-24001FAX (941) 643-6968 A9ENOA rT'r No. /.'7/.,. APR 2 7 1999 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 PAGE 1 OF 16 Pg. .!l6' 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary), Name and Address Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Charles L. Benton. Jr., 3915 Calverton Drive Hyattsville, Maryland 20782 Percentage of Interest 40% I.L. Morris, 1297 North Lewis Street. Glenville. W.V. 26351 LU70 The Club Estates of Michigan, LLC. c/o Mark Stavropoulos. 20% 2701 Troy Center, Dr., Suite 240. Troy. Michigan 48084 20% AGENDA ITEM No. /7 LJ APR 2 7 1999 c~es V. Benton. 4141 Isles of Capri Rd" Naples, Fl. 34114 APPLICATION FOR PUBLIC REARING FOR PUD REZONE - ~8 PAGE 2 OF l' Pg. ~~ d. If the property is in the name ofa GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address The Club Estates, L.C. 4141 Isles of Capri Road Naples, Florida 34114 Percentage of Ownership 100% Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g, Date subject property acquired () leased (): Term oflease yrsimos. If, Petitioner has option to buy, indicate date of option: 12/97 and date option terminates: , or anticipated closing date July, 1999 APPLICATION FOR PUBLIC HEARING FOR pun REZONE - 5/98 AGENDA ITEW No. /'/ /) AFR 2 7 1999 PAGE 30 16 Pg. ~? . h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum I" to 400' scale) ifrequired to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 15 Township: 50 S Range: 26 E Lot: Block: Subdivision: Property I.D.#: 0041856006 Plat Book-=--- Page #: Metes & Bounds Description: Exhibit A - Additional 99 acres Exhibit B - Combined 255 acres 4. Size of property: 893 ft. X 4,888 ft. = Total Sq. Ft. 4,326,815 Acres 4,/- 99 5. Address/generallocation of subject property: West side of CR 951 +/- One mile north of Rattlesnake Hammock Road 6. Adjacent zoning and land use: Zoning Land use N PUD The Club Estates PUD PUD Na p 1 es Forrest Country Club PUD S E R/W CR-951 W PUD Shadowwood PUD <- AGENDA ITEM No. /71:> t..PR 2 7 1999 APPLICATION FOR PUBLIC HEARING FOR pun REZONE - 5198 PAGE 4 OF 16 r Pa. !1f' l....,....~'-' Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: 10 Township: 50 S Range: 26 E Block: Subdivision: The Club Estates Lot: Plat Book Page #: Property I.D.#: 00410520002 Metes & Bounds Description: See attached exhibit C 7. Rezone Request: This application is requesting a rezone from the - PUD zoning district(s) to the PUD .zoning district(s). Present Use of the Property: Undeveloped Casa Del Sol PUD, Ordinance 89-70. Proposed Use (or range of uses) of the property: Res i dent i a 1, sin 91 e famil y with accessorary uses. 8. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staffs analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Standard Rezone Considerations fLDC Section 2.7.2.5) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 I PAGE 5 OF IJ ~ ~ ~ l~__~g. AGENDA lID' No. /~/). , t,P:< 2 7 1999 pey 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types ofvehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - S198 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth mana emen _ AGENDA ITEM No. /~/) - APR 2 7 1999 PAGE 6 OF 16 Pg. -=r 0 plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. PUD Re7.one Considerations (LDC Section 2. 7.3.2.~) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land,. surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. (" PAGE 7 OF 16 AGENDA ITE No. /7 f) t.PR 2 7 1999 APPLICATION FOR PUBLIC HEARING FOR POO REZONE - SJ98 t. Pi. ~/ 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? Unknown - Possible PUD sunsetting or rezoning of remaining PUD property. 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; b. If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 8W' x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPe]; . all existing and proposed structures and the dimensions thereof, . provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), . all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, . proposed locations for utilities (as well as location of existing utility services to the site), . · proposed and/or existing landscaping and buffering as may be required by the County, c . An archi tectuml rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC) , or a request for waiver if appropriate. --- APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 ;..~~;~.".._-~~"'- .~~ \G~NDA 1n:M NCl. ,;:7D PAGE 8 OF 16 t..FR 27 1999 P~._,~ PUD REZONE APPLICATION TIDS COMPLETED CHECKLIST IS TO BE SUBMJ"lTED WITH APPLICATION PACKET! REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED 1. Completed Application 15 X 2. Copy of Deed(s) and list identifying Owner(s) and all 1 Partners if a Corporation X 3. Completed Owner/Agent Affidavit, Notarized 1 X 4. Pre-application notes/minutes 15 . 5. Conceptual Site Plans 15 X 6. Environmental Impact Statement - (EIS) 4 X 7. Aerial Photograph - (with habitat areas identified) 4 X 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) X 9. Traffic Impact Statement - (TIS) 4 WAIVER 10. Historical & Archaeological Surveyor Waiver 4 Application WAIVER 11. Copies of State and/or Federal Permits 4 N/A 12. Architectural Rendering of Proposed Structure(s) 4 N/A 13. Application Fee, Check shall be made payable to - Collier County Board of Commissioners X 14. Other Requirements - As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of process this petition. o79wd II 4~ Agent/~~ignature David H. Farmer, E.I. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 //-1{-1.1 Date AGENOA ITEM No /7 /) . .. APR 2 7 1999 PAGE 15 OF 1 Pg.- ~ ~ III -wdI COASTAL ENGINEERING CONSULTANTS INC Coastal Engineering Civil Engineering Survey Environmental Real Estate Appraisal EXHmIT "A" DESCRIPTION PROVIDED BY CLIENT OF LAND IN THE NORTH ~ OF SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA (NORTH PARCEL) Commencing at the northeast comer of Section 15, T50S, R26E, Collier County, Florida; thence along the North line of said Section 15, S87037'14"W 100.16 feet to the West right-of-way line of SR-95 I for a PLACE OF BEGINNING; thence along said West of right-of-way line SOoo51'53"W 892.87 feet; thence S87043'59"W 4870.63 feet to the West line of said Section 15; thence along said West Section line NOooI5'23"W 882.49 feet to the Northwest comer of said Section 15; thence N87037'14"E 4888.46 feet to the place of beginning, containing 99.328 acres more or less. AGENDA ITEM No. /;;'.L; . APR 2 7 1999 3106 S. HORSESHOE DRIVE · NAPLES, FLORIDA 34104 · (941) 643-2324 · FAX (941 643~43 31./ ~ COASTAL ENGINEERING CONSULTANTS INC Coastal Engineering Civil Engineering Survey Environmental Real Estate AppraisC'. EXHIBIT "B" LEGAL DESCRIPTION Commencing at the northeast comer of Section 15, T50S, R26E, Collier County, Florida; thence along the North line of said Section 15, S8703T14"W 100.16 feet to the West right-of-way line of SR-951 for a PLACE OF BEGINNING; thence along said West of right-of-way line SOoo51'53"W 892.87 feet; thence S87043'59"W 4870.63 feet to the West line of said Section 15; thence along said West Section line NOooI5'23"W 882.49 feet to the Northwest comer of said Section 15; thence N8703T14"E 4888.46 feet to the place of beginning Together with the following described parcel of land: The south one-half of the south one-half of Section 10, Township 50 South, Range 26 East, Collier County, Florida. Less and except the east 125.00 feet for the right-of-way of County Road No. 951. The above describes as a whole an area of approximately 255.098 acres ofland. Subject to easements, restrictions and reservations of record. AGENDA ITEM No. /.72:- . APR 27 1999 3106 S. HORSESHOE DRIVE · NAPLES, FLORIDA 34104 · (941) 643-2324 · FAX (941) 6 3-11~ :r~ III COASTAL ENGINEERING ~ CONSULTANTS -~INC Coastal Engineering Civil Engineering Survey Environmental Real Estate Appraisal EXHIBIT "c" DESCRIPTION OF LANDS PLATTED TIIE SOUTII ONE-HALF OF TIIE SOUTII ONE-HALF OF SECTION 10, TOWNSlllP 50 SOum, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LESS AND EXCEPT TIIE EAST 125.00 FEET FOR TIIE RIGHT-OF-WAY OF COUNTY ROAD NO. 951. TIIE ABOVE DESCRIBES AN AREA OF APPROXllv1ATEL Y 155.77 ACRES OF LAND. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. - -- AGENDA ITEM No. /7 b APR 2 7 1999 3106 S, HORSESHOE DRIVE · NAPLES, FLORIDA 34104 · (941) 643-2324 · FAX (941) ( 43-1 pi~ '-- ?6 :I: ~ ::> o Ul o If) 0. I wUl OZ ::>:;;: t:~ t:l 5~.( ....J 0 b5~ vl=....J ;~l.L.. :-Ul~ CXlu.Z :;;:0::> w~g o<cc ::>:I:w ~w:::; I=z-' :5og ~j!:..: r0::>Ul . 0< bUlW "'w<o Nj!:N z w ~::;t:l ~ < z u.< o-,cc w< ~:I: uw oz -'0 j!: ::> o Ul w j!: ~ ~ g U . ell U; ...;1": < Cl ..- ~; ~ ~~ o ~~ ~ 0 ~! IS6 - .~r::l aVOH IHdV::l .:10 31$1 i I " e w vi ~ z (1) ~ 01 ~ ~ N ....> IU rilrz.. oc/) UN <'" I~ r-- N' ....c: r--~ a> t:) .: l5= 00 Z rilO ....:1< _U rz..< en a ,In g ua ~ '70"", 0 ~8~: ~-~~i ~E3f [......; 0 ~ 8 L:' >0 ~ 5 ~ r-. .. (I)~~~ Z:8~~r1 enZ. ~. ~ ClI~:' enO~ p;:='" ~en"'" ~~e o~~~~ z=r-. ~=. ~:=!; 'OJ< ~2:~~ Z:o ~~~~ ~~M: ~ u~ :;: ~ 8 e 1 2 3 4 5 6 7 8 9 10 11 . ~ ...~ 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 --- ORDINANCE NO. 99- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAA'D DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 0610S AND 0615; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PlJD" PLANNED UNIT DEVELOPMENT KNOWN AS THE CLUB ESTATES, A RESIDENTIAL, SINGLE F AMIL Y DEVELOPMENT, FOR PROPERTY LOCATED ON THE WEST SIDE OF ISLE OF CAPRI ROAD (C.R. 951 ), APPROXIMATELY ONE MILE NORTH OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) IN SECTION 10, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 255:t ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 89-70, THE FORMER CASA DEL SOL GOLF AND COUNTRY CLUB PUD (PUD-89-11), AND PROVIDING FOR REPEAL OF ORDINANCE NUMBER 97-69, THE FORMER THE CLUB ESTATES PUD (PUD-97-9); AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, David Farmer of Coastal Engineering Consultants, Inc., representing Club Estates, Lie. (Charles Benton, Principal), petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 10, Township 50 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the Club Estates PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 0610S and 0615, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 89-70, known as the Casa Del Sol Golf and Country Club PUD (PUD-89-ll), adopted on October 24, 1989 by the Board of County Commissioners of Collier County, and Ordinance Number 97-69, known as The Club Estates PUD (pGD-97-9), adopted on November 4, 1997 by the Board of County Commissioners of Collier County, are both hereby repealed in their entirety. SECTION THREE' This Ordinance shall become effective upon filing with the Department of State. AGENO~TEM No. /7Q APR 2 71999 -3~ Pg. -1- 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 County, Florida, this _ day of PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier , 1999. 2 ATTEST: DWIGHT E. BROCK, Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY . -rn Ii "~tuf '-'-~) In .)&...../-1-..<-+:- ~ ~ MARJQ E M. STUDENT ASSISTANT COUNTY ATTORNEY PUD-98-210RDINANCE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: PAMELA S. MACKIE, CHAIRWOMAN AGENDA ITEM No. /7P , , -2- APR 2 7 1999 pg.39 THE CLUB ESTATES A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CLUB ESTATES A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: THE CLUB ESTATES, L.C. 4141 ISLE OF CAPRI ROAD NAPLES, FLORIDA 34114 PREPARED BY: COASTAL ENGINEERlNG CONSULTANTS, INC. 2800 SOUTH HORSESHOE DRlVE NAPLES, FLORIDA 34104 CEC FILE NO, 98.127 AMENDED JUNE 18, 1998 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER 97-69 AMENDMENTS AND REPEAL ~ AGENOA ITEM No. /7.P . APR 2 7 1999 -:~,,~,-t-"~ ~,,*";;:.it;~~~'; 4;'i.f~'~~~~~.% ,,~~,~,';:~';~i.s.~:,;:~ -~~d:~..,,;,.':.J.\;~;,..;,;..,~,.-~-,,,--. -.,' Exhibit "A" Pg. "7 ~ TABLE OF CONTENTS PAGE LIST OF EXHIBITS AND TABLE 1 STATEMENT OF COMPLIANCE 11 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION n PROJECT DEVELOPMENT REQUIREMENTS SECTION ill LOW DENSITY RESIDENTIAL AREA PLAN SECTION IV COMMONS AREA PLAN SECTION V CONSERV ATION/PRESERVE AREA PLAN SECTION VI DEVELOPMENT COMMITMENTS AGENDA ITEM No. /7 b ; APR 2 7 1999 Pg. ~/ LIST OF ExmBITS AND TABLES EXHIBIT A PUD Master Plan EXHIBIT B Typical Lot Plan ~ AGENDA ITEM No. /7/) - APR 2 7 1999 .#'Jpz Pg. ,.,,~ i STATEMENT OF COMPLIANCE The development of approximately 254.6 acres of property in Collier County, as a Planned Unit Development to be known as THE CLUB ESTATES will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential and recreational facilities of THE CLUB ESTATES will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: Residential Project 1. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with the Land Development Code as set forth in Objective 3 of the Future Land Use Element. 5. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.I.H and L of the Future Land Use Element. 6. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required in forthcoming regulations required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element 7. The Planned Unit Development includes open spaces and natural features which are preserved from future development in order to enhance their natural functions and to serve as project amenities. 8. The projected gross density of 0.19 d.u. per acre is in compliance with the Future Land Use Element of Growth Management Plan based on the following relationships to required criteria: Base density: 49 d.u. Project area: 254.6 Acres 49 d.u./254.6 Ac = 0.19 d.uJAc. Density allowed = 3 d.u./Ac. I "GENOA-ITEM 1 No. /7/J 11 f..rR 2 7 1999 ~ Ii ~ Pg. /t"...3 1,.,__ SECfION I PROPERTY OWNERSmP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of THE CLUB ESTATES. 1.2 LEGAL DESCRIPTION The subject property being 254.6 acres, is described as: The South one half of the South one half of Section 10, Township 50 South, Range 26 East, Collier County, Florida, LESS AND EXCEPT the East 125.00 feet for County right- of-way and/or Utility Easements, as appear in those certain deeds and instruments recorded at O.R Book 1952, Page 2219. and commencing at the northeast comer of Section 15, T50S, R26E, Collier County, Florida; thence along the North line of said Section 15, S87037' 14"W 100.16 feet to the West right- of-way line of CR-951 for a PLACE OF BEGINNING; thence along said West of right-of- way line S00051 '53"W 892.87 feet; thence S87043'59"W 4870.63 feet to the West line of said Section 15; thence along said West Section line NOoo15'23"W 882.49 feet to the Northwest comer of said Section 15; thence N87037'14"E 4888.46 feet to the place of beginning, containing 99.33 acres more or less. 1.3 PROPERTY OWNERSIflP The subject property is currently under the ownership of Richard K. Bennett, as successor Trustee of Land Trust 5385, the Club Estates L.C., and NATIONSBANK of Maryland, N.A. and Stephen M. Savage, as Co-Trustees of residuary Trust C under the will of Bernard M. Savage. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA The project site is located in the South 1/4 of SectionslO and 15, Township 50 South, Range 26 East. Generally, the project is located on the west side of CR-951 approximately one mile north of Rattlesnake Hammock Road. The zoning classification of the original 155.8 acre property prior to the date of the original PUD Ordinance approval was Rural Agricultural. The zoning classification of the additional 99.33 acre property prior to the date of approval for this PUD Ordinance Amendment was PUD, Casa Del Sol, Ordinance No. 89-70. - AGENDA ITEM No. /7/) . 1-1 APR 2 7 1999 Pg. ~.y 1.5 PHYSICAL DESCRIPTION The undeveloped property is south of Naples National Golf Course development, east of the Naples Heritage Golf Course community, northeast of the Wing Park South subdivision, north of undeveloped land and west of CR-951. The project is located in the C-4 Canal Drainage Basin. The average existing elevation is 9.5 NGVD with specific spot elevations ranging from 8.3 to 10.4 NGVD. The depths to bedrock in the area varies from some four (4) feet to more than twelve (12) feet All of the site is in Flood Zone X according to Firm Maps 120067 0605E and 120067 0415D. The soil types on the site include Pineda fine sand (approximately 75%), Boca fine sand (approximately 20%) and Chobee (approximately 5%), Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the V,S. Department of Agriculture (Soil Conservation Service) in March 1954. 1.6 PROJECT DESCRIPTION The completed project will be a private gated community consisting of 49 residential lots, a common tennis recreation area and two interconnected lakes in northern area and three interconnected lakes in the southern area. The lots and lakes will be located on both sides of the perimeter access road. Each lot will have a permanent concrete block or stone retaining wall surrounding the lot and driveway. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "THE CLUB ESTATES PUD." "GENOA rrE' tl.lo. /? L - 1 t.PR 2 7 1999 L Pg. /(~~ 1-2 SECfION n PROJECf DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL Regulations for development of THE CLUB ESTATES shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of THE CLUB ESTATES shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of any other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development 2.3 DESCRIPTION OF PROJECf PLAN AND PROPOSED LAND USES The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A", PUD Master Development Plan. There shall be approximately six (6) land use tracts, plus necessary water management lakes and street rights-of-way, the general configuration of which is also illustrated by Exhibit' A'. ~. II-I r AGENDA ITEM v No. I?D I t.PR 2 7 1999 ~ Pg. ~~ TRACT DEVELOPMENT TYPE UNITS/S.F. AREA L SINGLE F AMIL Y LOTS 49 79.7 AC T COMMON AREAffENNIS CENTER 4,000 S.F. 0.9AC CA CONSERVATION AREA N/A 108.5 AC 0 LAKES AND CONSERVATION AREA N/A 48.2 AC R ROADSIRIGHT-OF-WAY N/A 17.2 AC TL TURN-LANE N/A O.IAC TOTAL 254.6 AC Areas illustrated as lakes by Exhibit 'A' shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes, Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit 'A', Minor modification to all tracts, lakes or other boundary may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6.3.5 and 2.7.3.5 respectively, of the Collier County Land Development Code or as otherwise permitted by this PUD document. In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various Tracts as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of 49 single family residential dwelling units, shall be constructed in the total project area. The gross project area is 254.6 acres. The gross project density, therefore, will be a maximum of 0.19 units per acre. 2.5 RELATED PROJECT PLAN APPROVAL REOUIREMENTS A. Prior to the recording ofa Subdivision Plat, for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat if applicable shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida ""'Il II-2 AGENDA ITEM No. J7jJ APR 27 1999 \ Pg --- //7 C, The provisions of Division 3.3 of the Collier County Land Development Code when applicable shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order, D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E, Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and methods for providing perpetual maintenance of common facilities, 2.6 MODEL HOMES AND SALES FACll..ITIES Model homes/model home centers including a sales center shall be permitted in conjunction with the promotion of the development subject to the following: A. One "wet" and three "dry" models may be constructed prior to recording of a plat. Location is limited to future, platted single family lots. Permits for all models must be applied for by project owner. B. The models permitted as "dry models" must obtain a conditional certificate of occupancy for model purposes only. The "wet" model may not be occupied until a permanent certificate of occupancy is issued. C. The model ("wet model") utilized as "sales offices" must obtain approval by and through the Site Development Plan process. D. Prior to recorded plats, metes and bounds legal descriptions shall be provided to and accepted by Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions must meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimwn square footages, setbacks, and the like as set forth herein. E. Access shall be provided to each "dry" model from the "wet" model. Access shall be for pedestrian traffic only, no paved road will be allowed. Access to the "wet" model shall be provided by a paved road or temporary driveway and shall have a supporting parking lot. ,-... F, Sales, marketing, and administrative functions are permitted to occur in designated "wet" model homes within the project only as provided herein. AGENDA ITEM No. /7/) APR 2 7 1999 11-3 Pg. /If' G. The "wet" model may be served by a temporarY utility system with ultimate connection to the central system. Interior fire protection facilities in accordance with NFP A requirements are required unless a permanent water system is available. A water management plan must be provided which accommodates the runoff from the model home, parking, access road/driveway and other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master system for the entire development 2.7 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5, 2.8 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners' Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. AGENDA'TEt' No. / 7/ ~ . II-4 r I R I t_ APR 2 7 1999 ~? Pg. .,. SECflON m LOW DENSITY RESIDENTIAL AREA PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated on Exhibit lOA" as Tract "L", Low Density Residential. 3.2 MAXIMUM DWELLING UNITS For the purpose of this section low density residential is defined as 4 or less dwelling units per acre on the tract( s) allocated to this purpose. The maximum number of low density dwelling units allowed within the PUD shall be as follows: Tract "L" 49 Total 49 33 USESPERNUTTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the tollowing: A. Principal Uses: 1. Single Family Dwelling Unit 2. On-site sewage treatment plant/facilities (see Section 3.5) B. Accessory Uses: 1. Customary accessory uses and structures, including private garages. 2. Common recreation amenities. 3. Detached Guest Houses 4. Commercial Excavations - AGENDA ITEM No. /7 b APR 27 1999 o() Pg. III -1 3.4 DEVELOPMENT STANDARDS A. GENERAL: All yards and set-backs shall be in relation to the individual lot boundaries, except as otherwise provided. B. MINTh1UM LOT AREA: 20,000 square feet C. MINTh1UM LOT WIDTH: The minimum lot width measurement shall start approximately 50 feet back from the right-of-way and shall not include the narrow driveway portion of the lot 1. Comer Lots - 100 feet 2. Interior Lots - 100 feet D. MINTh1UM LOT FRONTAGE: 1. 30 feet, measured at the right-of-way line. E. MINIMUM YARDS: It is anticipated that the residential lots will be uniquely shaped and that no lots will share a common lot line. Each lot will be separated by a Common Area buffer averaging 80 feet in width. Therefore, the minimum side and rear yard of zero (0') feet is justified. Please see the Typical Lot PI~ Exhibit "B". 1. Front Yard: 50 feet from Right-of-Way. 2. Side Yard: 0 feet 3. Rear Yard: 0 feet 4. Front yard setbacks shall be measured as follows: (a) If a lot or parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line, even if the lot or parcel is "T" or flag shaped. (b) If a lot or parcel is served by a non-platted private drive, setback is measured from the back of curb or edge of pavement (c) If a lot or parcel is served by a platted private drive, setback is measured from the road easement or property line. AGENDA ITEM No. 17/) APR 2 7 1999 Pg. 6'/ ID-2 F. MINIMUM FLOOR AREA: 1. 3,000 square feet G. MINIMUM DISTANCE BETWEEN PRINCIPAL AND ACCESSORY STRUCTURES: 1. 10 feet H. OFF-STREET PARKING AND LOADING REQUIREMENTS As required by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit application, I. MAXIMUM HEIGlIT: 1. Principal Structure - 50 feet and 3 stories above the minimum base flood elevation. 2. Accessory Structure - 35 feet and 2 stories above the minimum base flood elevation. 3.5 SPECIAL USE A portion of Tract "L" may be used as the temporary location of a sewage treatment plant and oxidation/evaporation pond if a the County treatment and collection system is not available to serve the project. At such time as the treatment plant is discontinued, all of Tract "L" shall be utilized for single family development as provided for by this Section. A. DEVELOPMENT STANDARDS 1. MINIMUM YARDS: Structure - Fifty (50) feet from sewage treatment plant parcel boundary. Ponds - 20 feet from sewage treatment plant parcel boundary, 2. LANDSCAPED BUFFER REQUIREMENTS: Twenty (20) feet landscaped buffer pursuant to the planting and opacity requirements of Division 2.4 of the Land Development Code. 3. MAXIMUM HEIGlIT: Thirty (30) feet. ,- AGENDA ITEM No. /7P APR 27 1999 I11-3 Pg. 6~ SECfION IV COMMONS AREA PLAN 4.1 PURPOSE The purpose of this Section is to set forth the development plan and development standards for the area(s) designed as Tracts "0" and "T". Commons Area/Conservation Area on the PUD Master Development Plan, Exhibit "A". The primary function and purpose of these Tracts will be to provide aesthetically pleasing open areas and recreational facilities. Except in areas to be used for water impoundment and principal or accessory use areas, all natural trees and other vegetation as practicable shall be protected and preserved. 4.2 USES PERMrrrED No building or structure, or part thereof, shall be erected, altered or used. or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Lakes. 2. Open SpaceslNature Preserves (Conservation Area). 3. Pedestrian and bicycle paths or other similar facilities constructed for purposes of access to or passage through the commons areas. 4. Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project. 5. Tennis courts, shuffle board courts, swimming pools, and other types of facilities intended for outdoor recreation. 6. Commercial Excavations. 7. Central Refuse Area (Tract Tl Only). B. Accessory Uses: 1. Clubhouse and other customary accessory uses for tennis facilities, or other recreational facilities. 2. Small enclosures or other structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. AGENDA ITEM No. /7l APR 27 1999 IV-I Pg. ~ 4.3 DEVELOPMENT REGULA nONS A, Overall site design shall be hannonious in terms of landscaping, enclosure of structures, location of access streets and location and treatment of buffer areas. B. Buildings shall be setback a minimum of fifty (50) feet abutting residential districts and a landscaped and maintained buffer shall be provided. C. There shall be no setback requirements for Tract "T" (tennis center) due to the isolated nature of the tract. Structures shall comply with the SFWMD and ACOE permits. D. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. E. A site development plan meeting all of the Development Regulations shall be required in accordance with Section 2.5 of this PUD document. F. MAXIMUM HEIGHT: 1. Principal Structure: 30 feet. 2. Accessory Structure: 30 feet. G. MINIMUM OFF-STREET PARKING AND LOADING No off-street parking is required for Tract "T" (tennis center). Access to the facilities will be by pedestrian, bicycle or golf cart, all of which will utilize a raised boardwalk for ingress-egress. No automobile traffic is anticipated. 4.4 OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. After consideration of fill activities on those buildable portions of the project site there will be a surplus of earthen material. Therefore, its off-site disposal is also hereby permitted subject to the following conditions: A. Commercial excavation activities shall comply with the definition of a "commercial excavation" pursuant to Division 3.5 of the Land Development Code. A Commercial Excavation Permit pursuant to Division 3.5 of the Land Development Code must be obtained. B. All other provisions of said Division 3.5 are applicable. .r-- IV-2 AGENDA ITEM ~ No. /flL'J ~ ~ t.FR 2 7 1999 ~ ~ j Pac. L -1' i'" ! .........,... SECTION V CONSERV ATIONIPRESERVE AREA PLAN 5.1 PURPOSE ConservationlPreserve Area - The purpose is to preserve and protect native vegetation and naturally functioning habitat in their natural state, 5.2 USES PERMITfED No building or structure or part thereof) shall be erected altered or use~ or land used, in whole or in ~ for other than the following) subject to regional state and federal permits when required; A. Principal Uses: 1. Open SpaceslNature Preserves. 2. Lakes as shown on the PUD master plan. 3, Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project, subject to appropriate approvals by permitting agencies. 4. Boardwalks subject to appropriate approvals by permitting agencies, 5. Perimeter security fences or privacy walls may be eight feet high and will be placed in areas with the least impact to the conservation areas, such as along the private road which is the most disturbed or in areas of least impact to native plants and naturally functioning habitats. 6. Native vegetation landscaping, 7. Permitted mitigation activities, V-I , , , ~ AGENDA ITEM No. /? f; APR 2 7 1999 /6/ Pg. ~ SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section IS to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successors and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title is also subject to any commitments within this agreement. 6.3 PUD MASTER PLAN Exhibit "A", PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instrwnents shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 6.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET PROVISION A. Infrastructure: It is the developer's intent to construct the first phase of infrastructure for the single family lots within two (2) years from the date of approval of the PUD Ordinance, (' AGENDA I~ No. /~ APR 2 7 1999 VI-I Pg. (/j , B. Recreational Facilities: By the time building permits for 50% of the residential units are issued, the developer agrees to have constructed the two (2) tennis courts in the location shown on the PUD Master Development Plan. No facilities shall be dedicated to Collier County. Any additional recreational facilities, as may be needed by the future residents of this project, shall be funded through a system of revenues collected by the Homeowners' Association. The Homeowners' Association By-Laws shall include a provision that the creation of a Capital Improvement Fund is mandatory, and every property owner in the development shall become a member of the Homeowners' Association. C. Monitoring RepOrt: An annual monitoring report shall be submitted pursuant to Section 2.7,3.6 of the Collier County Land Development Code. D. Sunset Provisions: All PUD's shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. 6.5 SUBSTITUTIONS TO DESIGN STANDARDS FOR SUBDIVISION REGULA nONS Substitutions to design standards to Division 3.2 of the Land Development Code shall be made part of a concurrent application for Preliminary Subdivision Plat approval. 6.6 TRANSPORT AnON The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Access from CR 951 shall be consistent with the County's Access Management Policy, Resolution 92-422, as amended. B. Turn lanes in accordance with Ordinance 93-64, as amended, shall be required as a component of the construction plan/final plat approval for the fIrst development phase. They must be completed prior to preliminary acceptance of the Phase One subdivision improvements. C. Nothing in any zoning approval shall operate to vest any right to a median opening in this project. D. The developer shall be responsible for the installation of arterial level street lighting at the project entrance as a component of the construction plan/final plat approval for the first development phase. They must be completed prior to preliminary acceptance of the Phase One subdivision improvements. AGENDA ITEM No. ./.7 j) APR 27 1999 Pg. 51 VI-2 E. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. F. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. G. Road improvements required for this project, both site specific and system capacity, shall be in place prior to the issuance of any Certificates of Occupancy for the development. H. Any required turn lane(s) will be constructed and paid for by the developer and any required right-of-way as a result of said turn lane will be dedicated to Collier County with no impact fee credit to the developer. I. The developer shall reserve 120' of right-of-way for a future east-west road along the south property line of the project. The developer shall be eligible for Road Impact Fee credits at the time the reserved right-of-way is dedicated. J. The developer/applicant will be responsible for sidewalks and bicycle paths as required by Section 3.2.8.3.17 of the Land Development Code. 6.7 WATER MANAGEMENT The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. The SFWMD ERP Permit for the project. B. The ACOE Dredge-Fill Permit for the project. C. An excavation permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code and the SFWMD rules. - AGENDA ITEM No. /,7 LJ APR 2 7 1999 Pg. l~f VI-3 6.8 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: A, Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. Water Facilities Looping and Stubs: The on-site water distribution system to serve the project must be connected to the district's water main on CR-951 consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: 1. Dead-end mams shall be eliminated by looping the internal pipeline network. 2. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the project, or the limit of jurisdictional wetlands, at locations to be mutually agreed to by the County and the developer during the design phase of the project. C. Connection to the County Central Sewer System or a Master Pump Station: The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (1) main on-site pump station. Due to the design and configuration of the master pump station, flow by gravity into the station will not be possible. The developer's engineer shall meet with County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the County's sewer mater plan. D. Off-site Utilities Improvements: 1. Water - The existing off-site water facilities of the district must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's water master plan to insure that the district's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the district's existing committed capacity, AGENDA ~ No. I~ . VI-4 APR 2 7 1999 Pg. 6'r. 2. Sewer - The existing off-site sewage transmission facilities of the district must be evaluated for hydraulic capacity to serve this project and improved as required outside the project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. 6.9 ENGINEERING The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Grassed slopes of 3H: 1 V may be used for berm heights to 4 feet throughout the project based on the construction plans approved as part of the SFWMD ERP and ACOE Dredge-Fill Permits. Berms greater that 4 feet in height shall use slopes no greater than 4H: I V. B. Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 93-64. . 6.10 ENVIRONMENTAL ,,-- The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final plat/construction plan approval. B. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. C. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes, and shall be dedicated to the Homeowners' Association with responsibility for maintenance. VI-S AGENOA I~ No. J ZJJ. l.?R 2 7 1999 Pg. t,tJ ~ ! t \ t. D. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. E. An exotic vegetation removal, monitoring, and maintenance ( exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. F, Petitioner shall comply with the guidelines and recommendations of the U.S, Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan. 6.11 ACCESSORY STRUCI1JRES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a construction site office and model units. 6.12 SIGNS All signs shall be in accordance with Division 2.5 of the Land Development Code. 6.13 LANDSCAPING FOR OFF -STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 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