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Backup Documents 02/10/2015 Item #11F ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 1F TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP K p nee- li r Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is alr dy complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office SRT 2/13/15 4. BCC Office Board of County Tab Commissioners V N(j 7--\\.3V5 5. Minutes and Records Clerk of Court's Office 43I f:rem PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Joseph Bellone, Director,Financial Phone Number \252-2351 Contact/ Department Operations Agenda Date Item was 2/10/15 Agenda Item Number l'l-F Approved by the BCC Type of Document Memorandum of Agreement Number of Original One Attached Documents Attached PO number or account n/a number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signat e? STAMP OK SRT 2. Does the document need to be sent to another agency for additi• . :•-■ . If yes, SRT provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through.and revisions have been initialed by the County Attorney's SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip SRT should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 2/10/15 and all changes made during the SRT meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the ,�,,Q� BCC,all changes directed by the BCC have been made,and the document is ready for the �/►"G Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 i 11F� MEMORANDUM Date: February 16, 2015 To: Joe Bellone, Operations Supervisor Collier County Public Utilities Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Memorandum of Agreement— Collier County Northeast Facilities Enclosed please find one copy, as referenced above (Agenda Item #11F) approved by the Board of County Commissioners on Tuesday, February 10, 2015. The original document is being retained in the Minutes and Records Department as part of the Boards Official Record. If you should have any questions feel free to call me at 252-8411. Thank you. Enclosure hF1 INSTR 5085255 OR 5121 PG 1439 RECORDED 2/17/2015 2:12 PM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$44.00 MEMORANDUM OF AGREEMENT (MOA) Collier County Northeast Facilities I. Parties to the MOA a) This MOA is between the Collier County Water-Sewer District (CCWSD), and Collier County (County), on behalf of the Collier County Solid & Hazardous Waste Management Department (Solid Waste), and the Collier County Parks and Recreation Department(Parks). II. Duration of MOA a) This MOA shall be effective from the date hereof and shall continue until the Northeast Facilities have been fully developed and all costs payable from each party to any other party have been paid in full and satisfied. Ill. Overview of MOA a) On June 30, 2003, CCWSD purchased property containing 216.201 acres within the Orangetree PUD east of the Collier County Fairgrounds. The property is specifically identified as being those same lands and premises conveyed to CCWSD by Warranty Deeds from The Bryan W. Paul Family Limited Partnership, The J. R. Paul, Jr. Family Limited Partnership, and Bryan Paul, Inc. recorded June 30, 2003 at Official Records Book 3328, Pages 2422, 2425, and 2428 respectively; acceptance of these conveyances was approved by the Collier County Board of County Commissioners on May 13, 2003, Agenda Item 10C. Property acquisition costs for the acreage are detailed as follows: —Purchase price $5,945,500 --Recording fees 45 --Abstract fees 22,859 --Copying charges 53 —Interdepartmental payment for real property management services 83,636 Total Property Acquisition Costs $6,052,093 Subsequently, in FY 2004 through FY 2006, CCWSD incurred engineering and related costs for re-zoning and site development planning services for the benefit of the property. Engineering costs are detailed as follows: —Engineering fees $ 161,214 --Copying charges 56 —Printing/binding (outside vendors) 56 —Postage,freight, UPS 7 Total Engineering and Related Costs $ 161,333 Total Cost of Property Acquisition and Engineering $6,213,426 1 b) Development plans for the property include the Northeast Regional Water Treatment Plant (NERWTP), with its associated wellfields and infrastructure, and the Northeast Water Reclamation Facility (NEWRF), both of which will be developed by the CCWSD; the Northeast Recycling Center (NERC), to be developed by Solid Waste; and the Big Corkscrew Island Regional Park (BCIRP), to be developed by Parks. The parties agree that title to the property will continue to be held by CCWSD and will not be divided until such time as all facilities have been developed. CCWSD, as title holder, hereby grants permission and license to Solid Waste and Parks to pursue their respective development plans, so long as they do not interfere with the development plans of CCWSD or any other party to this MOA. c) The acreage allocated for each facility, and the percentage of each facility's acreage to total acreage, is shown in the following table: Acreage Facility Allocation Percentage NERWTP (Water) 80.905 37.42% NCWRF (Wastewater) 65.640 30.36% NERC (Solid Waste) 10.350 4.79% BCIRP (Parks) 59.306 27.43% Total 216.201 100.00% d) All parties agree to share the $6,213,426 Total Cost of Property Acquisition and Engineering detailed above based on the percentage of acreage allocation in accordance with the following table: Responsible Acreage Cost Party Allocation Allocation Water 37.42% $2,325,064 Wastewater 30.36% 1,886,396 Subtotal CCWSD 67.78% $4,211,460 Solid Waste 4.79% 297,623 Parks 27.43% 1,704,343 Total 100.00% $6,213,426 e) The Northeast Facilities project will require improvements to common areas and facilities that benefit all parties, such as access roads, retention ponds, bridges, culverts, electrical service and other elements identified as the project progresses, and the parties agree to share these costs based on the beneficial use of shared elements utilized by each party. As costs are incurred by one party which benefit other parties, the parties shall agree, at least once each fiscal year, to the appropriate cost allocations by amendment to this MOA. f) CCWSD has been carrying 100% of the Property Acquisition Costs since June 30, 2003. Solid Waste and Parks agree to reimburse the CCWSD, including interest at the historical county's pooled investment rate (per Schedule A), for their share of the outlay since June 30, 2003 based on the percentage of acreage of their respective �d0 2 11F facilities to the total acreage of the project. Interest costs incurred to date, as well as interest costs incurred going forward, shall be added to the Cost Allocation of Solid Waste and Parks. Interest costs incurred going forward shall be subject to pro rata adjustment as each party pays down its respective Cost Allocation to CCWSD. IV. Performance Requirements a) Solid Waste shall reimburse its Cost Allocation, together with accrued interest, as adjusted in accordance with the provisions of this MOA, to CCWSD within not more than three (3) years from the date of this MOA. b) Parks shall reimburse its Cost Allocation, together with accrued interest, in accordance with the provisions of this MOA to CCWSD within not more than three (3) years from the date of this MOA. V. Modification/Termination a) This MOA constitutes the entire agreement between the parties hereto. This MOA may be modified, altered, revised, extended or renewed by the written mutual agreement of the parties, by the issuance of a written amendment, signed and dated by the parties. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement this 10th day of February , 2015. As to CCWSD: ``t���ttu`urtJ�i��`/, ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY FLOtI;OA,rAS i THE GOVERNING BODY O COLLt R t .'�_ *OP, COUNTY AND AS EX-OFFPCI�:THE 1 �` GOVERNING BOARD OF THEE:OOLL-IER COUNTY WATER-SEWER DIST tCT ; ttestastoCharai ' ,�e' •• d0� `1; '>>o�• eon' signature y. By: _ �-� ., TIM NANCE, Chairman legality proved to f. a twat—sufficiency: Scott R. Teach —Assistant County Attorney Deputy eiA 3 11F *wr As to County: •ATTEST • BOARD OF COUNTY COMMISSIONERS DWIGHT-E_ BOCK',. . OF COLLIER COUNTY, FLORIDA i„5 J By: / ei/ ce. - Atte-as to Chairman SP. . ' TIM NANCE, CHAIRMAN iegalit sign. $to:fo{�t . ._t`st]flIt18R : fir Scott R. Teach —Assistant-County Attorney Deputy 4 bJ 11F SCHEDULE A Memorandum of Agreement Collier County Northeast Facilities Historical Pooled Interest Rate Calculation Land Acquisition Cost: $6,213,426 Water 37.42% $2,325,064 Wastewater 30.36% $1,886,396 Sub-total CCWSD 67.78% $4,211,460 Parks and Recreation 27.43% $1,704,343 Solid and Hazardous Waste 4.79% $297,623 Opportunity Cost to CCWSD: Parks& Rec Solid Waste Fiscal Year Pooled Rate interest interest 2004 1.94% $33,064 $5,774 2005 2.16% $36,814 $6,429 2006 4.40% $74,991 $13,095 2007 4.62% $78,741 $13,750 2008 4.72% $80,445 $14,048 2009 1.86% $31,701 $5,536 2010 0.73% $12,442 $2,173 2011 0.77% $13,123 $2,292 2012 0.63% $10,737 $1,875 2013 0.47% $8,010 $1,399 2014 0.49% $8,351 $1,458 Total Interest due to CCWSD $388,420 $67,828 Land Acquistion Cost Due to CCWSD $1,704,343 $297,623 Interest Due to CCWSD $388,420 $67,828 Total Amount Due to CCWSD $2,092,763 $365,451 0