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Agenda 03/26/2013 Item #11AProposed Agenda Changes Board of County Commissioners Meeting March 26, 2013 Move Item 11A to Item 16C3: Recommendation to direct the County Manager, or his designee, to give notice to formally initiate integration of the Orange Tree Utility Company into the Collier County Water -Sewer District to provide water & sewer utilities to Orange Tree Utility customers pursuant to the May 28, 1991, Agreement, as amended, between Orange Tree Utility Company and Orangetree Associates and Board of County Commissioners of Collier County (Board) with the objective of returning to the Board with a proposed Utility System Integration Agreement. (Commissioner Hiller's request) Withdraw Item 16A3: Recommendation to authorize release of the Excavation Performance Bond in the amount of $1,000,000 to the Project Engineer or Developer's designated agent for Arthrex at Ave Maria AR- 13095. (Staff's request) Move Item 16A9 to Item 11C: Recommendation to approve a work order in excess of the Board's $200,000 spending threshold and authorize expenditure of $48,520 for McGee & Associates to prepare 100% landscape design plans for the Immokalee Road/1 -75 Interchange. (Commissioner Nance's request) Continue Item 16Al2 to the April 9, 2013 BCC Meeting_ Recommendation to approve and authorize the Chairwoman to execute a Promotional Fund Private Grant Agreement in the amount of $500,000 for the County's artificial reef program, accept donated professional services from Turrell, Hall and Associates Inc., and approve any necessary budget amendments. (Staff's request) Withdraw Item 16134: Recommendation to approve one (1) release of lien for an Affordable Housing Density Bonus Agreement for an affordable housing unit sold which is no longer subject to the terms of the agreement. (County Attorney's request) Move Item 16175 to Item 11D: Recommendation to establish anew position classification and salary range assignment for County Commission staff members and revised budget allocation format for the BCC Office. (Commissioner Henning's request) Move Item 17E to Item 9B: Recommendation to adopt an ordinance that will establish the position of Collier County Hearing Examiner. (Commissioner Coyle's request) Proposed Agenda Changes March 26, 2013 Page 2 Note: Item 160 44-4: Signature page of the Second Amendment to Agreement was inadvertently left out of printed agenda packet. Copies of the signature page have been provided to Commission members. Item 16A1: Withdraw clarification SC- 2003 -02, Storage Containers, attachment #4. Staff will be coordinating this clarification with the ongoing broader review of storage containers within all zoning districts. (Staff's Request) Item 16C2: Folio number in executive summary corrected to read: David K. and Cheryl L. Boot own the property located at 346 Cypress Way West, parcel number 00159480005. Item 16135: Correct document titled Modification to Subgrant Agreement to be consistent with all other references in the item, by checking the following box: ® Change in Number of Accomplishments and/or Beneficiaries (Clerk's request) Item 16F3: It is the intent for requirements to be the same in Category B and Category C -2 grant applications. Therefore, the following additions have been made to the C -2 grant application. 1. Form 990 added to checklist of required items on p. 11 of application. 2. Financial statement to be reviewed or audited by a CPA added to checklist of required items on p. 11 of application. (Staff's request) Time Certain Items: Item l OG to be heard at 11:00 a.m. Item 13A to be heard at 2:00 p.m., immediately followed by Item 13B and l OD 3/26/2013 9:29 AM 3/26/2013 11.A. EXECUTIVE SUMMARY Recommendation to direct the County Manager, or his designee, to give notice to formally initiate the integration of the Orange Tree Utility Company, into the Collier County Water -Sewer District to provide water and sewer utilities to Orange Tree Utility customers pursuant to the May 28,1991, Agreement, as amended, between Orange Tree Utility Company and Orangetree Associates and the Board of County Commissioners of Collier County (Board), with the objective of returning to the Board with a proposed Utility System Integration Agreement. OBJECTIVE: To have the best- value, short- and long -term plan and execution for providing reliable, sustainable, and compliant water, wastewater, and irrigation quality water services to the current and future customers of the Northeast service area of the Collier County Water -Sewer District ( "CCWSD "), including the subject property known as the Orangetree Planned Unit Development ( "PUD "), pursuant to the Agreement dated May 28, 1991, (Agreement) as amended. CONSIDERATIONS: The Board approved the original Agreement (Exhibit 1) dated May 28, 1991, whereby interim on -site water and wastewater facilities of the Orange Tree Utility Company ( "OTU") would service the PUD until the development is connected to the off -site CCWSD utility system. The Agreement calls for a no -cost conveyance of interim utility facilities, including utility easements, to the CCWSD. An amendment to the original Agreement (Exhibit 2) provided for connection to the CCWSD no earlier than 2011. A second amendment (Exhibit 3) dated August 4, 1998, further delayed connection to the CCWSD facilities until at least 2012, with a one years' advance notice to the OTU. The takeover of the OTU by the CCWSD will provide reliable services not only to the OTU service area, but to other potential developments off Woodcrest Drive (e.g., Summit Lakes), Tree Farm Road (e.g., Buttonwood Preserve), the Immokalee Road corridor (e.g., Twin Eagles, Terafma) and along Vanderbilt Beach Road (e.g., Wolf Creek). Phase I of the Northeast Utilities Service Area includes the takeover of OTU and is pursuant to the Final Summary Judgment (Exhibit 4) entered by the Circuit Court in Collier County's favor on August 28, 2009, in Orange Tree Utility Co. v. Collier County, Case No. 07- 2333 -CA. Once a decision is made by the Board to move forward with the takeover of OTU, there will be a transition period, including engineering evaluations for gap analysis and to confirm the current operational conditions of the OTU facilities. Staff will bring back a proposed Integration Agreement between OTU and the County for the Board's consideration at a future meeting. The Northeast Utilities Service Area Business Plan (Exhibit 5) provides a phased approach to provide utility services to current and future customers in the Northeast service area. Letters of endorsement for the integration from residents of Twin Eagles and Waterways of Naples are included in Exhibits 6 and 7. FISCAL IMPACT: This initiative will posture the CCWSD to serve the Northeast service area, including the initial no -cost ownership transfer of OTU assets including current plants, pump stations, lift stations, gravity mains, and pressurized pipes, to serve the existing customer base pursuant to agreements and court decisions in place. The CCWSD will be able to serve the Northeast service area via interconnections between its water and wastewater treatment plants and existing CCWSD in -ground infrastructure, along with the existing OTU facilities. Currently available capacity at the existing Packet Page -185- 3/26/2013 1 1.A. treatment facilities will be utilized to service the future Northeast service area customer base; therefore, the CCWSD does not intend to expand OTU facilities as the demand increases. RF.VF.M TF. AND OPERATING COST at Initial Takeover (FY13 /14) *using Fitch medians which expects a 65% operating expense for each dollar of revenue. The estimated net $0.6M of revenue can fund any unforeseen and/or initial reliability projects along with supplementing the operations budget for an appropriate level of service per Florida Department of Environmental Protection (FDEP) permits. REVENUE AND OPERATING COST Outlook (Years 1 -10) Design Potential Potential Estimated Net Annual Estimated ERCs Growth Impact Annual Annual Operating Customer Base Fees Revenue Operating Cost* Revenue $35,000 $470,000 $6,535/ERC $100 /mo bill Existing (3) OTU MPS $200,000 $2,000,000 $200,000 $2,400,000 Orangetree PUD 1,477 $0 $1.8M $1.2M $0.6M Baseline *using Fitch medians which expects a 65% operating expense for each dollar of revenue. The estimated net $0.6M of revenue can fund any unforeseen and/or initial reliability projects along with supplementing the operations budget for an appropriate level of service per Florida Department of Environmental Protection (FDEP) permits. REVENUE AND OPERATING COST Outlook (Years 1 -10) TOTAL $26.2 M $10.7M $7.OM $3.7M The estimated net $3.7M of operating revenue (in addition to $5.95M for FY13 CIP for the Northeast service area integration and reliability) is planned to fund reliability and compliance- related projects per FDEP permits in the next 10 year planning horizon, along with an estimated $26.2M in growth impact fees. Table III below shows Phase II projects that are planned to be implemented within the next five year planning horizon to serve the Northeast service area of the CCWSD. CCWSD NORTHEAST CAPITAL PROJECTS COSTS (Phase II) Design Potential Potential Estimated Net Annual Estimated ERCs Growth Impact Annual Annual Operating Customer Base Fees Revenue Operating Cost Revenue $35,000 $470,000 $6,535/ERC $100 /mo bill Short-term (3) OTU MPS $200,000 $2,000,000 $200,000 $2,400,000 Potential 3,477 $13.1M $4.1M $2.7M $1.4M 0 -5 ears Long -term Potential 5,477 $13.1M $6.6M $4.3M $2.3M 5 -10+ ears TOTAL $26.2 M $10.7M $7.OM $3.7M The estimated net $3.7M of operating revenue (in addition to $5.95M for FY13 CIP for the Northeast service area integration and reliability) is planned to fund reliability and compliance- related projects per FDEP permits in the next 10 year planning horizon, along with an estimated $26.2M in growth impact fees. Table III below shows Phase II projects that are planned to be implemented within the next five year planning horizon to serve the Northeast service area of the CCWSD. CCWSD NORTHEAST CAPITAL PROJECTS COSTS (Phase II) A LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval—SRT. Packet Page -186- Design Construction CEI Sub -Total (1) Water main, force $50,000 $1,800,000 $120,000 $1,970,000 main, and reuse main to update) (2) Re- chlorination $35,000 $400,000 $35,000 $470,000 station (3) OTU MPS $200,000 $2,000,000 $200,000 $2,400,000 (4) Heritage Bay $350,000 $3,500,000 $150,000 $4,000,000 MPS A LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval—SRT. Packet Page -186- 3/26/2013 11.A. 1`` GROWTH MANAGEMENT IMPACT: This initiative meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners, Ex- officio the Governing Board of the Collier County Water -Sewer District, direct the County Manager, or his designee, to formally initiate the integration of the Orange Tree Utility into the Collier County Water -Sewer District by providing the required 12 -month notification under the Agreement, with the objective of returning to the Board with a proposed Utility System Integration Agreement. PREPARED BY: Joe Bellone, Interim Director, Financial Operations Support Attachments Exhibit 1 — Northeast Utilities Service Area — Business Plan and Future Outlook Exhibit 2 — Agreement May 28 1991 — Orangetree Dev.pdf Exhibit 3 —Agreement Amend # 1 May 14 1996.pdf Exhibit 4 — 2nd Amend to Agreement August 4 1998.mdi Exhibit 5 — Summary Judgment Book 4490 Pages 28932894.pdf Exhibit 6 — Letters of Endorsement from Twin Eagles Exhibit 7 — Waterways of Naples Endorsement Exhibit 8 — Orange Tree Prop App.pdf Packet Page -187- COLLIER COUNTY Board of County Commissioners Item Number: 11.11.A. 3/26/2013 11.A. Item Summary: Recommendation to direct the County Manager, or his designee, to give notice to formally initiate the integration of the Orange Tree Utility Company into the Collier County Water -Sewer District to provide water and sewer utilities to Orange Tree Utility customers pursuant to the May 28, 1991, Agreement, as amended, between Orange Tree Utility Company and Orangetree Associates and the Board of County Commissioners of Collier County (Board), with the objective of returning to the Board with a proposed Utility System Integration Agreement. Meeting Date: 3/26/2013 Prepared By Name: RaineyJenniferA Title: VALUE MISSING 3/4/2013 10:55:45 AM Approved By Name: Steve Messner Title: Plant Manager,Water Date: 3/4/2013 2:20:52 PM Name: HapkeMargie Title: Operations Analyst, Public Utilities Date: 3/4/2013 4:16:40 PM Name: Pam Libby Title: Manager - Operations- Water/WW,Water Date: 3/5/2013 7:54:16 AM Name: Joseph Bellone Title: Manager - Utility Billing & Cust Serv.,Utilities F Date: 3/5/2013 9:46:14 AM Name: ChmelikTom Title: Director, Public Utilities Engineering Packet Page -188- Date: 3/5/2013 11:37:25 AM Name: TeachScott Title: Deputy County Attomey,County Attorney Date: 3/7/2013 3:23:57 PM Name: YilmazGeorge Title: Administrator, Public Utilities Date: 3/8/2013 1:40:45 AM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 3/8/2013 8:38:01 AM Name: KlatzkowJeff Title: County Attorney Date: 3/13/2013 8:22:28 AM Name: OchsLeo Title: County Manager Date: 3/19/2013 3:34:14 PM Packet Page -189- 3/26/2013 11.A. 3/26/2013 11.A. COLLIER COUNTY WATER -SEWER DISTRICT 10 US R 40 tob, ;11 PUBLIC IVISION G. George Yilmaz, Ph.D., P.E., P.H. Public Utilities Administrator Tom Chmelik, P.E., PMP Program Delivery Team (PDT) December 31, 2012 (Revision 2) Packet Page -190- 3/26/2013 11.A. Packet Page -191- 3/26/2013 11.A. CO 6Y County CCWSD NORTHEAST BUSINESS MODEL PORTFOLIO Financial Summary This is an initiative to posture CCWSD to serve Northeast service area including initial no -cost ownership transfer of Orange Tree Utility (OTU) assets with its current plants, pump stations, lift stations, gravity mains, and pressurized pipes to serve the existing customer base pursuant to agreements and court decisions in place. CCWSD will be able to serve Northeast service via interconnections between the Collier County Water and Wastewater Treatment plants and existing CCWSD in- ground infrastructure, along with the existing OTU facilities. Currently available capacity at the existing treatment facilities will be utilized to service the future Northeast service area customer base, therefore, CCWSD does not intent to expand OTU facilities as the demand increases. REVENUE AND OPERATING COST at Initial Takeover (FY13 /14) — Table I *using Fitch medians which expects a 65 % operating expense for each dollar of revenue. The estimated net $0.6M of revenue can fund any unforeseen and/or initial reliability projects along with supplementing operations budget for appropriate level of service per FDEP permits. REVENUE AND OPERATING COST Outlook (Years 1 -10) - Table II Estimated Design Potential Growth Potential Estimated Net Annual Customer Base ERCs Impact Fees Ann'l Revenue Ann'l Operating Operating $400,000 $35,000 $6 535/ERC $100 /mo bill Cost* Revenue Existing Orangetree $2,400,000 (4) Heritage Bay MPS $350,000 $3,500,000 $150,000 PUD Baseline 1,477 $0 $1.8M $1.2M $0.6M *using Fitch medians which expects a 65 % operating expense for each dollar of revenue. The estimated net $0.6M of revenue can fund any unforeseen and/or initial reliability projects along with supplementing operations budget for appropriate level of service per FDEP permits. REVENUE AND OPERATING COST Outlook (Years 1 -10) - Table II Estimated Design Potential Growth Potential Estimated Net Annual Customer Base ERCs Impact Fees Ann'l Revenue Ann'l Operating Operating $400,000 $35,000 $6 535/ERC $100 /mo bill Cost Revenue Short-term Potential $2,400,000 (4) Heritage Bay MPS $350,000 $3,500,000 $150,000 (0 -5 ears 31477 $13.1M $4.1M $2.7M $1.4M Long -term Potential 5 -10+ ears 51477 $13.1M $6.6M $4.3M $2.3M TOTAL $26.2M $10.7M $7.0M $3.7M The estimated net $3.7M of operating revenue (in addition to $5.95M for FY13 CIP for NE service area integration and reliability) planned to fund reliability and compliance related projects per FDEP permits in the next 10 year planning horizon along with estimated $26.2M growth impact fees. Table III below shows Phase II projects that are planned to be implemented within the next 5 year planning horizon to serve the Northeast Service Area of CCWSD. CCWSD NORTH EAST (NE) CAPITAL PROJECTS Costs (Phase II) — Table III Packet Page -192- Design Construction CEI Sub -Total (1) Water main, force main, and reuse main $50,000 to update) $1,800,000 $120,000 $1,970,000 station Re- chlorination station $35,000 $400,000 $35,000 $470,000 (3) OTU MPS $200,000 $2,000,000 $200,000 $2,400,000 (4) Heritage Bay MPS $350,000 $3,500,000 $150,000 $4,000,000 Packet Page -192- 3/26/2013 11.A. NORTHEAST UTILITIES SERVICE AREA BUSINESS PLAN PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT OBJECTIVE To have the best -value short and long term plan and execution for providing reliable, sustainable, and compliant Water, Wastewater, and Re -use Irrigation Quality Water Utility Services to the current and future customers of the Northeast service area of the Collier County Water -Sewer District (CCWSD) (reference Exhibit 1). This includes the current Orangetree Utilities service area as well as other areas being developed in the region, for example: Develo ment Activity* Location PUD Projects Developer Community Level Centerline Homes Summit Lakes Active Off Woodcrest Drive (West) Woodcrest Drive Chris Johnson Calusa Pines Inactive Off Woodcrest Drive (East) Woodcrest Drive Habitat for Humanity Habitat Woodcrest Inactive Off Woodcrest Drive (West) Woodcrest Drive Unknown Massey Street Active Off Woodcrest Drive (East) Woodcrest Drive Neal Communities Buttonwood Preserve Active Tree Farm Road (South) NE Corridor Unknown Bristol Pines Active Tree Farm Road (South) NE Corridor Singer and Falk Warm Springs Inactive Tree Farm Road (North) NE Corridor Mirasol Mirasol Active Immokalee Rd Corridor (North) Immokalee /CR951 Intersection Lennar Homes Heritage Bay /Quarry Active Immokalee Rd Corridor (North) HBMPS Unknown Tree Farm Inactive Immokalee Rd Corridor (North) HBMPS Unknown Addie's Corner Inactive Immokalee Rd Corridor (North) HBMPS GL Homes Terafina Active Immokalee Rd Corridor (North) MPS 107 GL Homes Parklands Inactive Immokalee Rd Corridor (North) MPS 107 Ronto Group Twin Eagles North Active Immokalee Rd Corridor (North) HBMPS Ronto Group Twin Eagles South Inactive Immokalee Rd Corridor (South) HBMPS Land Solutions Orange Blossom Ranch Active OT service area OTU interconnects HBMPS Orangetree Associates Orangetree Active OT service area OTU interconnects HBMPS SR 846 Land Trust SR 846 Land Trust Inactive OT service area Future Connection WCI Palermo Cove Active I Vanderbilt Beach Road VBR/MPS 104 WCI Wolf Creek Active I Vanderbilt Beach Road VBR/MPS 105 *Based on best field knowledge to date. Revised — December 31, 2012 Packet Page -193- 3/26/2013 11.A. Northeast Utilities Service Area Business Plan Page 2 EXISTING INFRASTRUCTURE NEEDS ASSESSMENT AND ACTION ITEMS The CCWSD is moving forward to put the needed infrastructure in place (underground pipes, valves, along with above ground booster pump stations and storage tanks) to be able to provide Level II Managed Compliance utility service to the subject areas including: Wastewater: Move to permitting and construction stages of the Heritage Bay Master Pump Station (HBMPS) for wastewater along with all needed force main network piping connected to the newly constructed/tested Santa Barbara Boulevard Interconnect from the OTU Service Area to the north and/or south wastewater plants through master pump station (MPS) 104 or 107. Re-use Irritation Water: Move to permitting and construction stages of the Northeast re -use system through construction of portions of the wastewater treatment system dedicated to re -use production that are already designed and permitted the for Northeast. Water sources will be surface water available on -site together with supplemental irrigation wells and an ASR wellfield below the underground source of drinking water (USDW). Water: Move to design, permitting, and construction stages for infrastructure required to expand distribution from the existing areas towards the Northeast. Concurrently move to permitting and construction stages in preparation for a possible storage tank at the NEWTP along with a pump station and secondary /final treatment system on- standby as needed to meet the demand without interruption. UBCS: All Utility Billing and Customer Service functions are planned to be absorbed by the CCWSD UBCS department during the 12 month transition period to ensure that CCWSD service standards are maintained (24/7/365 Quality Customer Service and response to service calls). Resource Management: All current employees of the OTU will be absorbed by the CCWSD with a 6 month probationary period under leadership provided by the CCWSD. Since OTU will be absorbed by CCWSD, all logistics and support functions for CCWSD will be the same for OTU including human resources, purchasing functions, fleet management, information technology, and other agency support functions. PHASE I — ORANGETREE UTILITIES (OTU) TAKEOVER PURSUANT TO THE TERMS AND CONDITIONS OF THE BOARD - APPROVED AND COURT - RATIFIED CURRENT AGREEMENT. The takeover of Orangetree Utilities is pursuant to the Board- approved Final Summary Judgment entered by the Circuit Court of Collier County on August 28, 2009 in Orange Tree Utility Co. v. Collier County, Case No. 07- 2333 -CA (recorded in O.R. Book 4490, pages 2893 -2894, Public Records of Collier County), and the phased execution of said agreement for providing reliable, sustainable, and compliant Quality Utility Services to the current Orangetree Utilities service area while meeting the same obligations to the expanded Northeast service area of the Collier County Water -Sewer District. Revised — December 31, 2012 Packet Page -194- 3/26/2013 11.A. Northeast Utilities Service Area Business Plan Page 3 The CCWSD has the right to take over OTU any time after March 2013 with proper notification given 12 months prior to takeover. The CCWSD has also option to delay the takeover if both parties agree to terms and conditions. Once a decision is made by the BCC to move forward with takeover of the system, there will be a 12 month transition period, including engineering evaluations for gap analysis and to confirm the current operational conditions of the OTU facilities. There are technical available solutions to the CCWSD for taking over OTU operations as follows: A. Operate the existing system (treatment plants and other facilities) under the terms and conditions of current agreement with OTU. Make improvements concurrently where and if needed. Initiate all action items listed for subsequent Phases I, II, III, IV, and V (schedule under development). B. Move to action items listed as early possible while maintaining concurrency with the checkbook. C. Pursue and obtain real property required. D. Initiated designs, permitting, and real property acquisition to connect to the existing empty CCWSD 16 inch wastewater force main and 36 -inch potable water main on Immokalee Road, facilitating implementation of Phase II below, including readiness to serve customer base and development within current northeast CCWSD. Execution strategy includes one primary and one contingent approach as shown below: 1. Extend new CCWSD water main and force main north to the County's Northeast site and west through the County fairgrounds to Immokalee Road, or 2. Utilize existing OTU 16 inch wastewater force main and 12 inch water main ,^ along Oil Well Road, connecting them on Immokalee Road. E. Assess the feasibility of using canal surface water as an irrigation quality raw water source that has the potential to reduce the capacity needs for potable water. F. All Utility Billing and Customer Service functions are planned to be observed by the CCWSD UBCS Department during the 12 month transition period. PHASE II — EXECUTION PHASE OF THE OTU INTEGRATION INTO CCWSD RESULTING IN LEVEL II RELIABILITY CONSISTENT WITH ALL OPERATIONS. Wastewater: Move to design, permitting, and construction stages of the Heritage Bay Master Pump Station for wastewater along with all needed force main network piping connected to the newly constructed/tested Santa Barbara Interconnect from the OTU Service Area to the north and/or south wastewater plants through MPS 104 or 107. More specifically: A master pump station (MPS) will be designed and built at the existing OTU wastewater treatment plant to pump wastewater to the existing 16 inch wastewater force main along Immokalee Road, including readiness to serve customer base and development within current northeast CCWSD. Primary and contingency approaches are: 1. Extend a new CCWSD force main north to the County's Northeast site and west through the County fairgrounds to Immokalee Road. Most of the new force main is already designed. An easement and final design are required for the portion n Revised — December 31, 2012 Packet Page -195- 3/26/2013 11.A. Northeast Utilities Service Area Business Plan Page 4 between Big Corkscrew Island Regional Park and the OTU; a section which is owned by the Collier County School District (reference Exhibits 2 and 3). or 2. Utilize the existing OTU 16 inch wastewater force main along Oil Well Road, connecting it to the CCWSD on Immokalee Road. Modeling is required to determine the feasibility of this option. Regardless of the approach, wastewater from the OTU site (including existing OTU customer base and development within current northeast CCWSD) will be pumped to the HBMPS (located north of Immokalee Road on CR 951). The HBMPS will pump wastewater either west to MPS 107 (at Quail Creek), south to MPS 104 on Vanderbilt Beach Road (east of Logan Boulevard), or to the proposed NEWRF when built. These modifications will allow wastewater services for OTU customers to be supplied from either OTU or the CCWSD (reference Exhibit 4). Re-use Irrigation Water: Move to permitting and construction stages of the Northeast re -use system through construction of portions of the wastewater treatment system dedicated to re -use production that are already designed and permitted the for Northeast. Water sources will be surface water available on -site together with supplemental irrigation wells, an ASR wellfield below the USDW, and possibly branches of the Golden Gate Canal. More specifically: Include all CCWSD water and wastewater overlays and the CCWSD Re -use Irrigation Water District and move from the Pilot ASR Re -use Project to a full scale demonstration project, and plan for booster pump station to move re -use water from CCWSD to and from the Northeast service. Update Re -use Master plan to reflect the new Business Model showing where demand is being met on Waste and Wastewater; however, also showing where demand is not being met on re -use irrigation quality water. This gap analysis will drive the CCWSD model so that demand is met in all "commodity areas." Doing so reduces the demand on potable water and creates a more balanced, sustainable system that is viewed more favorably by the regulatory agencies. Water: Move to design, permitting, and construction stages for infrastructure required to expand distribution from the existing areas towards the Northeast. Concurrently move to permitting and construction stages in preparation for a possible storage tank at the NEWTP along with a pump station and secondary /final treatment system on- standby as needed to meet the demand without interruption. More specifically: A connecting pipeline will need to be installed from the existing 36 inch water main along Immokalee Road to the existing OTU potable water storage tank, including readiness to serve customer base and development within current northeast CCWSD. Primary and contingency approaches are: 1. Extend new CCWSD water main from Immokalee Road east to the County's Northeast site and south through the County fairgrounds to the OTU. Most of this pipeline has already been designed. Just as for the wastewater pipeline, an easement and final design are required for the portion between Big Corkscrew Revised — December 31, 2012 Packet Page -196- 3/26/2013 11.A. Northeast Utilities Service Area Business Plan Page 5 Island Regional Park and OTU on the same property which is owned by the Collier County School District (reference Exhibits 2 and 3). 2. Utilize the existing OTU 12 inch water main along Oil Well Road, connecting it to the CCWSD on Immokalee Road. Modeling is required to determine the feasibility of this option. Regardless of the approach, it is required that the OTU potable water pump station and storage tank will adequately distribute water to the existing and future OTU customer base and development within current northeast CCWSD from the existing OTU storage tank. When needed, re- chlorination will be provided at the existing storage tank. Engineering and modeling may indicate that a booster pump station may be required between the existing water main and OTU. These modifications will allow potable water for OTU customers to be supplied from either the existing OTU water treatment plant or the CCWSD (reference Exhibit 4). UBCS: All Utility Billing and Customer Service functions are planned to be absorbed by the CCWSD UBCS department during the 12 month transition period to ensure that CCWSD service standards are maintained (24/7/365 Quality Customer Service and response to service calls). All IT networking and, if possible, fiber network along with satellite communications providing CCWSD Customer Service will be considered. Resource Management: All current employees of the OTU will be absorbed by the CCWSD with a 6 month probationary period under leadership provided by the CCWSD. Since OTU will be absorbed by CCWSD, all logistics and support functions for CCWSD will be the same for OTU including human resources, purchasing functions, fleet management, information technology, and other agency support functions. PHASE III — MOVE NORTHEAST FACILITIES OUT OF HIBERNATION PHASE AND INITIATE LIMITED PRODUCTION THAT IS FLEXIBLE AND RELIABLE FOR ANY GROWTH DEMAND. Water: Construct and operate the first water treatment trains (5 -10 MGD) as a supplemental source to the existing CCWSD distribution system. Be responsive to the supply /demand curve in the service area. Continue to build and expand upon this base as potable water demand increases, consistent with the latest Master Plan, AUIR, and concurrency checkbook. Wastewater: Operate the NEWRF as a supplemental treatment process to the NCWRF. Re -use product will be used to supplement the available surface water supply (4 -6 MGD). Be responsive to the supply /demand curve in the service area. Continue to build and expand upon this base as wastewater demand increases, consistent with the latest Master Plan, AUIR, and concurrency checkbook. Revised — December 31, 2012 Packet Page -197- 3/26/2013 1 1.A. Northeast Utilities Service Area Business Plan Page 6 Irrigation Ouality Water: Expand pilot customer base with IQ water production providing 4 -6 MGD utilizing both permitable stormwater and well water sources with secondary treatment facilities including but not limited to service pump stations and short/long term storage including ASR. Be responsive to the supply /demand curve in the service area. Continue to build and expand upon this base as IQ water demand increases, consistent with the latest Master Plan, AUIR, and concurrency checkbook. UBCS: All Utility Billing and Customer Service functions are planned to be absorbed by the CCWSD UBCS department during the 12 month -transition period to ensure that CCWSD service standards are maintained (24/7/365 Quality Customer Service and response to service calls). All IT networking and, if possible, fiber network along with satellite communications providing CCWSD Customer Service will be considered. Resource Management: All current employees of the OTU will be absorbed by the CCWSD with a 6 month probationary period under leadership provided by the CCWSD. Since OTU will be absorbed by CCWSD, all logistics and support functions for CCWSD will be the same for OTU including human resources, purchasing functions, fleet management, information technology, and other agency support functions. PHASE IV — MOVE NORTHEAST FACILITIES TO CONSTRUCTION PHASE AND INITIATE PLANNED FULL PRODUCTION THAT IS FLEXIBLE AND RELIABLE FOR ANY GROWTH DEMAND. Decommission OTU: When possible with phased approach pursuant to the terms and condition of the Board- approved agreement decommission OTU Facilities. Water: After sufficient reliability for delivering potable water from the CCWSD has been demonstrated, most of the OTU water plant infrastructure will be decommissioned. After this, all potable water will be supplied by the CCWSD through the connection made in Phase II. Wastewater: After sufficient reliability for delivering wastewater services from the CCWSD have been demonstrated, most of the OTU wastewater plant infrastructure will be decommissioned. After this, all wastewater services will be supplied by the CCWSD through the connection made in Phase II. PHASE V — CCWSD FULL IMPLEMENTATION RESPONSIVE TO GROWTH AND GROWTH PROJECTIONS INCLUDING WATER, WASTEWATER, AND RE -USE IRRIGATION SYSTEMS CONSTANT WITH THE CONCURRENCY CHECKBOOK. Revised — December 31, 2012 Packet Page -198- 3/26/2013 11.A. Northeast Utilities Service Area Business Plan Page 7 Water: Full -scale implementation per design, unless otherwise indicated by the Master Plan, AUIR, and concurrency checkbook. Wastewater: Full -scale implementation per design, unless otherwise indicated by the Master Plan, AUIR, and concurrency checkbook. Irrisation Ouality Water: Full -scale implementation per design, unless otherwise indicated by the Master Plan, AUIR, and concurrency checkbook. FUTURE OUTLOOK — EVALUATE ALL ASPECTS OF THE TAKEOVER TO CONFIRM FEASIBILITY AND TIMING OF THE DECISION. Enaineerina /Technical Feasibility Update: Based on TetraTech's evaluation of publically available permitting information, OTU is of sound design and construction. There is no information to indicate that the assets in service at OTU would require maintenance or repair at any level different from what is experienced with existing CCWSD assets. Staff and TetraTech are scheduled to visit the site to confirm in more detail current asset conditions. A 5 year CIP will include northeast CCWSD infrastructure needs ^ including OTU facilities as a part of the new master plan and rate study assessment initiated in September 2012. Installing the Phase II connecting mains in the manner shown in Exhibit 4 is mostly a partial implementation of the Northeast Utilities Program. Most sections of these pipelines have been designed; therefore, integration into the CCWSD is technically feasible with the following milestones in progress: • Easement is obtained from the Collier County School District needed between Big Corkscrew Island Regional Park and OTU (or an alternate route). • Army Corps of Engineers permit is obtained for the canal crossing south of the Northeast site (or an alternate route). Ap t Phase II ca it al cost for Level II Reliability forth OTU service area I.,x1ma e Design Construction CEI Sub -Total Water main, force $50,000 $1,800,000 $120,000 $1,970,000 main, and reuse main to update) Re- chlorination $35,000 $400,000 $35,000 $470,000 station OTU MPS $200,000 $2,000,000 $200,000 $2,400,000 Heritage Bay MPS $350,000 $3,500,000 $150,000 $4,00000 TOTAL $635,000 $7,700,000 $505,000 $8,840,000 Revised — December 31, 2012 Packet Page -199- 3/26/2013 11.A. Northeast Utilities Service Area Business Plan Page 8 There may be opportunities to reduce capital cost by using different pumping technologies; however, detailed studies underway need to be completed before feasibility of cost - reduced designs can be determined. Funding for all projects would be from user fees with the exception of the Heritage Bay MPS. It that case, a blend of impact and user fees will be needed. Consideration should be given toward the life of the unused water and wastewater mains from CR 951 to the fairgrounds, representing an $8M impact fee investment. If these pipes continue to be under vertical loading and are not pressurized, their life may be shortened. Using these pipes as designed in Phase II may actually help preserve them as assets. Estimated Potential OTU Service Area Demands *Estimated using levels of service on ordinance based on FAC. * *Permitted for an expansion to 1.1 MGD, not started. Operations Feasibility Update: CCWSD does have depth in the organization to be able to take over current operations with appropriate licenses and certification. The Northeast Service Area will have its own cost center under fund 408, and during the transition current staff members will be transferred to CCWSD pursuant to CMAs. The Operations Model will be as same as the CCWSD for all centralized functions and the cost center will have its Manager/Directors to oversee all 5000, 6000, and 7000 series for Water and Sewer Operations. The current SCADA networking template being replicated at many sites within the CCWSD can be implemented at OTU to view and operate assets remotely. Leveraging these technologies would allow the OTU wastewater system to be operated remotely no different than a series of pump stations, once Phase II connections are complete. Essentially, wastewater operations could be absorbed into the existing Collections Department until it is feasible to start reuse operations. Water operations would be more labor intensive. Revised — December 31, 2012 Packet Page -200- Potential Potential ERCs Water Demand Sewer Demand (MGD)* (MGD)* 350 d/ERC 250 d/ERC Existing Orangetree PUD Baseline 1,477 0.52 0.37 Short-term Potential 0 -5 ears 3,477 1.22 0.87 Long -term Potential 0 -10+ ears 5,477 1.92 1.37 FDEP Current Constructed Capacity 0.75 0.60 ** *Estimated using levels of service on ordinance based on FAC. * *Permitted for an expansion to 1.1 MGD, not started. Operations Feasibility Update: CCWSD does have depth in the organization to be able to take over current operations with appropriate licenses and certification. The Northeast Service Area will have its own cost center under fund 408, and during the transition current staff members will be transferred to CCWSD pursuant to CMAs. The Operations Model will be as same as the CCWSD for all centralized functions and the cost center will have its Manager/Directors to oversee all 5000, 6000, and 7000 series for Water and Sewer Operations. The current SCADA networking template being replicated at many sites within the CCWSD can be implemented at OTU to view and operate assets remotely. Leveraging these technologies would allow the OTU wastewater system to be operated remotely no different than a series of pump stations, once Phase II connections are complete. Essentially, wastewater operations could be absorbed into the existing Collections Department until it is feasible to start reuse operations. Water operations would be more labor intensive. Revised — December 31, 2012 Packet Page -200- 3/26/2013 11.A. Northeast Utilities Service Area Business Plan Page 9 Utility Billing and Customer Service Feasibility Update: The automated meter read (AMR) technology must be compatible with the CCWSD inHANCE billing system to correctly upload meter readings to calculate consumption charges. If not, meter change outs will be necessary. Accounts for all OTU customers need to be created in the inHANCE billing system to include the necessary customer information (property owner name, customer name, service address, billing address, meter size, meter number, etc). Final meter readings must be coordinated to ensure the appropriate utility bills are issued and the appropriate utility is reimbursed for service provided. A customer education campaign will notify customers of the billing and payment changes. OTU customer service and billing staff absorbed into UBCS must be trained in the CCWSD processes and procedures. Financial/Acquisition Strategy Feasibility Update: Viability would depend on how much financial assistance could be obtained from the development community. The delivery team needs to work with the existing group of developers who are interested in obtaining service from the CCWSD to ensure that they pay for the necessary capital investments. The developers would be offered impact fee credits to the extent of their investment. This could be either directly to the developers, or to the people who buy homes from the developers. This would require developer agreements to be put in place before any announced takeover. Otherwise, once the takeover is announced, the developers may not feel the need to finance the investments. Inversely, if the takeover is delayed ten years, this leverage in the present term would be lost, and a new set of unknown conditions would exist. NT, -.x, RPc ;rlential C'nnnect;nnc within the Orangetree Utilities Service Area Developer Development Comments New Contribution ERCs Opportunity* Orangetree Assume built out, 623 Orangetree Existing don't count in total Associates s (Boldt) Orangetree Approval on BCC 1,050 Proposed PUD Agenda Transmission mains Connect to CCWSD Ronto Group Twin Eagles N in place to /from transmission mains (previously OTU 1,500 on Immokalee Rd No transmission Connect to CCWSD Bonita Bay Group) Twin Eagles S transmission mains mains on CR 951 via VBR Land Solutions Orange Transmission mains 1,425 ' (previously Blossom Ranch in place to /from Pulte Homes ) OTU 4,598 *New development to Total (assume share in cost for 4,000 ) Phase II Revised - December 31, 2012 Packet Page -201- 3/26/2013 11.A. Northeast Utilities Service Area Business Plan Page 10 There needs to be an evaluation of the adequacy of the user rates being charged to the OTU customers. Because the CCWSD rates are higher than OTU, if the CCWSD implements its rates on the OTU customers, the OTU customers will see an immediate increase of approximately 5% in their monthly bills. The goal is to remain fiscally neutral through the takeover; however, if the cost to serve OTU is inadequately addressed by the current OTU rate structure, all customers will be impacted by increased overall CCWSD user rates to cover the OTU unfunded liability. Annrnximate Customer Base and Potential Revenue *Estimated using Fitch medians (benchmarks) which expect a 65% margin (for every $100 dollar of revenue, $65 of operating cost). The remaining 35% is assumed to fund CIP, debt coverage, and adequacy of reserves. Financial peer review is underway in coordination with the County Attorney's Office and special legal counsel to prevent potential financial liabilities to the CCWSD: • Review developer agreements, trust agreements • Eliminate third -party financial liabilities to CCWSD • Review annual reports, income statement/balance sheet • Review all debt obligations • Integrated master planning and rate study will include sensitivity analysis for all CIPs. Legal Feasibility /Sufficiency Update: The County Attorney's Office, in coordination with the CCWSD, retained a special legal counsel for this takeover. The special legal counsel is currently working with all parties including the attorney representing the OTU. Initial assessment by the special legal counsel is that it is the best interest of the CCWSD to take over the OTU as early as possible. NOTE: THIS MATTER IS IN OR MAY BE IN LITIGATION. O UR OFFICE WILL RESPOND TO YO UR MESSAGE AS SOON AS POSSIBLE IN WRITING. PREPARED IN ANTICIPA TION OF LITIGATION, REFLECTS THE MENTAL IMPRESSIONS, LITIGATION STRATEGIES AND LEGAL THEORIES OF THE UNDERSIGNED ATTORNEY AND IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE PURSUANT TO § 119.071(1) (d), FLA. STAT. THIS MESSAGE IS INTENDED FOR THE RECIPIENT ONLYY, IF YOU RECEIVED THIS COMMUNICATIONINERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY. USE OR DISSEMINATION BY ANY PERSON OTHER THAN THE INTENDED RECIPIENT IS STRICTLY PROHIBITED. Revised — December 31, 2012 Packet Page -202- Potential Potential Estimated ERCs Impact Fees An. Revenue An. Operating $6 535/ERC $100 /mo bill Cost* Existing Orangetree 1,477 $0 $1.8M $1.2M PUD Baseline Short-term Potential 3,477 $22.7M $4.1M $2.7M 0 -5 ears Long -term Potential 5,477 $35.8M $6.6M $4.3M 0 -10+ ears *Estimated using Fitch medians (benchmarks) which expect a 65% margin (for every $100 dollar of revenue, $65 of operating cost). The remaining 35% is assumed to fund CIP, debt coverage, and adequacy of reserves. Financial peer review is underway in coordination with the County Attorney's Office and special legal counsel to prevent potential financial liabilities to the CCWSD: • Review developer agreements, trust agreements • Eliminate third -party financial liabilities to CCWSD • Review annual reports, income statement/balance sheet • Review all debt obligations • Integrated master planning and rate study will include sensitivity analysis for all CIPs. Legal Feasibility /Sufficiency Update: The County Attorney's Office, in coordination with the CCWSD, retained a special legal counsel for this takeover. The special legal counsel is currently working with all parties including the attorney representing the OTU. Initial assessment by the special legal counsel is that it is the best interest of the CCWSD to take over the OTU as early as possible. NOTE: THIS MATTER IS IN OR MAY BE IN LITIGATION. O UR OFFICE WILL RESPOND TO YO UR MESSAGE AS SOON AS POSSIBLE IN WRITING. PREPARED IN ANTICIPA TION OF LITIGATION, REFLECTS THE MENTAL IMPRESSIONS, LITIGATION STRATEGIES AND LEGAL THEORIES OF THE UNDERSIGNED ATTORNEY AND IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE PURSUANT TO § 119.071(1) (d), FLA. STAT. THIS MESSAGE IS INTENDED FOR THE RECIPIENT ONLYY, IF YOU RECEIVED THIS COMMUNICATIONINERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY. USE OR DISSEMINATION BY ANY PERSON OTHER THAN THE INTENDED RECIPIENT IS STRICTLY PROHIBITED. Revised — December 31, 2012 Packet Page -202- f6 EO N U .j i V) N t'6 4-J L.L.. Ri L.t-J 70- 'C( cu CCU N r-i C'J t x w w N r w m �ul Oce L Jog = f:.-, YY Y �: " V 1 F Y �'c•araae+MS... .. Z °1"�1'� �a M _ ri l s UT...rr TMON7 e Y �. 1 in 1 WTI -o „ �. W �1 . y 7' � �;`� g� a� p .yam• "�� ' •ffi�! EE - P j eK.�� FRv a$ Y y. \.:. c l y� r. c�--d CU Lr En M cn ca U) a C m ` m d M �� Q J co m U) M m ` c C: lif 0- .0) N m N m W= d CL LL LL o] W Q m m CO e0 (0 (0 (0 e0 M U -= O a) :, � a � 0- 0- IL CL d CL CO J 0- Q' z l l l I 11 i f co 97N2f Pe%j eelewtuwl W b � � UOZ /9z/c _ - _ _. M 0 0 N D a IL m IL vi M .4+ c ,r. Wa W eu aj aJ O v w 3 V ea �. aj 0 2 /0-1 N V) fB C- r) t/1 O U N O U CU a� v .w O 72 x w W N O N O W ra v m L to O a LL i-� O L L O rJ 0 c E ry `w v H 0 ti a m a H 0 3 V C O d n O H O c 0 E E 0 v 0 �a a .v v� aw m 41 N a C O � c O `a o. 0 v c c O w c a N (U N f i Z L C L F i 0 L a C O C O u ob c w w m a s W N N C) W 9 / c o c Z; O c O a � o a D O 0 0. a a c w r w Z Z o. — N a 2 N v m L a m a Lo L a u < Lu La L a CR a a L a a s W N N C) W 9 / 1991 n �., .12 N4 9: 51 G 17 (l 0 16 210- 3/26/2013 11.A. IOLLIER COUNTY RECORDED OR BOOK PAGE AGREEMENT .6 p THIS AGREEMENT is made and entered into this .r ay of t:okay, 1991 by and between Amnon Golan, as Trustee under that certain Land Trust Agreement recorded in Official Record Book 1347, page 2331 et seq, Pu ecor , oilier County, Florida, ,(hereinafter referred to "Ora etr'e " ; .Orange Tree Utility Co., a Florida Corporation, ereinafter referred to as "Utility ") and the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex- Officio the Governing Board of the Collier County Water -Sewer District (hereinafter referred to as "County "). R E C I T A L S: WHEREAS, Utility is a•corporation that is funded by Orangetree; and WHEREAS, for the purposes of this Agreement, the .term "Developer" shall mean and collectively refer to Orangetree and Utility; and all benefits, responsibilities, obligations, duties, covenants and liabilities arising from this Agreement, relative to the subject water and sewer related utilities, -shall be joint and several as between . the parties who comprise the Developer; and WHEREAS, Orangetree represents and warrants that it is the successor to those parties described as "GAC" and "Trustee" in that certain Settlement and Zoning Agreement recorded at Official Record J3ook 1180, Page 1557 et seq Public Records Collier County, Florida (hereinafter "Settlement and Zoning Agreement "); and WHEREAS, Orangetree represents and warrants that it is the owner and prime developer of certain land more specifically described as "Subject Property" in the Settlement and Zoning Agreement (hereinafter "Project ") which is one and the same as the lands encompassed by Collier Count .' - d commonly referred to therein as t angetree Development', save and except for individual lot or I es ma e since 198 and WHEREAS, this Agreement shall serve to clarify and better articulate the procedures, covenants, obligations and responsibilities arising from the general development commitments concerning the provision of water and sewer related utilities to the Project which are attached to the Settlement and Zoning Agreement; and WHEREAS, the Project's PUD Ordinance, Collier County Ordinance No. 87 -13 and as amended on even date, concerning the provision of water and sewer related utilities to the Project, Packet Page -208- I101bIJ OR BOOK requires the Developer to provide on -site treatment and related service facilities of the Project until Collier County makes serve the Project with water and /or sewer IJ 11 1 5 It U PAGE 3/26/201311.A. water and sewer to all developed portions a formal request to services; and WHEREAS, Settlement and Zoning Agreement requires, and the Developer acknowledges and ratifies, that the Developer shall freely and voluntarily convey at no cost to the County all water and sewer treatment plants and distribution /collection and 1; transmission system components in existence at such time in the }? future that the County formally indicates its desire to serve the Project with water and sewer related utility facilities; and WHEREAS, Developer represents that Utility is authorized, or will be authorized prior to providing utility services, by all appropriate regulatory agencies to provide water and sewer treatment services to the Project as contemplated herein; and WHEREAS, the Settlement and Zoning Agreement and Collier County land development regulations require, and the Developer covenants and agrees, that the Developer shall connect any on -site utility system serving the Project to the off -site utility system operated by the County when the County system has been extended to within 200 feet of the Project and the available off -site County utility system has available capacity to service the entire Project; and _ WHEREAS, Orangetree and Utility have entered into an agreement under which Utility has agreed to provide on -site treatment until the utility facilities within the Project are connected to the off -site utility facilities operated by the County and the County facilities have available capacity to service the Pro'ject or the County formally indicates a desire to assume the on -site water and sewer service of the Project; and WHEREAS, the extension of the off -site utility system operated by the County to within two hundred (200) feet of the boundary of the Project shall not be required of the County as performance under this Agreement; and WHEREAS, all parties to this Agreement acknowledge and agree that the decision as to whether or not any off -site utility system operated by the County has the capacity to service the Project shall be made solely by the County; and WHEREAS, at such time as connection of the Project to the County's off -site utility system appears imminent, the County shall supply sufficient notice to Developer and Developer shall thereafter take the requisite action, if any, required by the Public Service Commission. to effectuate connection of the Project to the County's off -site system; and 2 Packet Page -209- U 1 b z J OR BOOK UUI541 PA G 3/26/2013 11.A. WHEREAS, all parties to this Agreement acknowledge and covenant to assist and cooperate with each other and expeditiously advance the intention and terms of this Agreement relative to actions or prior approvals, if any, required by the Public Service Commission in order to effectuate connection of the Project to the County's off -site system; and WHEREAS, Orangetree acknowledges its obligation to either dedicate all appropriate collection, distribution, transmission and /or treatment facilities and appropriate easements to the Utility prior to placing said facilities into service or, alternatively, to dedicate all appropriate collection, distribution, transmission facilities and easements to the County for leaseback to Utility in accordance with standard County procedures and that, in any event,. such dedications will be made -in a manner acceptable to the office of the County Attorney so as to ultimately provide for a smooth and effective conveyance of the subject utility facilities and easements to the County; and WHEREAS, the Developer has. previously accepted the terms and conditions set forth in this Agreement as part of the County's review and approval of the Developer's land use petitions, and more specifically, as a part of, the Settlement and Zoning Agreement; and WHEREAS, this Agreement is entered into by the County at the request of Orangetree and Utility in order to articulate the County's willingness to now forbear from making _M formal requests to provide water aAd--se —wer- vice to th roject as contemp"Iafe erein unti on or after Januar 1QOl as well as to clarify the procedure or any future transfer of water and sewer and related utilities service from the Developer to the County. W I T N E S S E T H: NOW THEREFORE, in consideration of ten dollars, the covenants contained herein and other good and valuable consideration exchanged amongst the parties to this Agreement, the parties agree, as follows: 1. RECITALS INCORPORATED. The above Recitals are true and correct and shall be incorporated herein. 2. INTERIM FACILITY. The appropriate on -site collection, distribution, transmission and treatment facilities are to be constructed as part of the proposed Project and shall be used as an interim facility; all utility facilities shall* be designed and constructed to State and Federal standards and are to be owned, operated and maintained by the Utility or other successor entity 3 Packet Page -210- Orl 0 16 2 3 t 1 i) 3/26/2013 11.A. OR BOOK PAGE satisfactory to the County until such time as the County's off- site utility facilities are available to service the Project or the County indicates'a desire to or is required by law to assume the on -site water and sewer service of the Project. The subject utility facilities shall supply services only to the Project or, subject to the County's approval, other lands owned by the Developer. Developer covenants it will not provide service outside the Project without the written consent of the County. 3.' DEVELOPER TO DISMANTLE. If the County does not assume operation of the utility treatment facilities then, upon connection to the County's off -site utility facilities, the Developer shall abandon, dismantle and remove from the Project those portions of the interim facilities not required for connection to or service by the County's off -site system. All work related to this activity shall be performed at no cost to the County whatsoever. 4. CONNECTION TO COUNTY'S OFF -SITE SYSTEM AT NO COST TO COUNTY. Pursuant to the terms of this Agreement, connection to the County's off -site utility facilities will be made by the Developer at no cost to the County within one hundred twenty (120). days after such facilities become available. The cost of connection shall include, whenever the County requires, but not be limited to, all engineering design and preparation of construction documents, permitting; modification or refitting of existing pumping facilities, construction of new pumping facilities, interconnection with County off -site utility facilities, any transmission,'distribution or collection lines necessary to make c. the connection and any required environmental audits, including the expense of bringing the subject facilities into compliance and response costs for clean -up removal or remediation. .5. CONVEYANCE OF INTERIM TREATMENT FACILITIES NEEDED FOR CONNECTION AND /OR OPERATION. At the time the County's off -site facilities are available for the Project to connect with, or in the event the County assumes operation of the interim treatment facilities, all utility facilities required by the County to make the connection with the County's off -site utility facility or to effectuate a service transition to the County shall be conveyed to the County pursuant to County ordinances and regulations then in effect, together with all utility easements required by the County. All construction plans and technical specifications related to the connection of the County's off -site utility facilities shall be submitted to the County for review and approval prior to commencement of construction. 6. CUSTOMER TURNOVER. All customers served within the Project on an interim basis by Utility shall become customers of the County at the time when the County's off -site treatment facilities are available to serve the Project and such connection is made, or at such time as the County accepts the conveyance of 4 Packet Page -211- • - 110 1 6 2 3 (1 U 1 3/26/2013 11.A. OR 0001( PAGE the interim utility system and /or assumes operation thereof. Prior to connection,of the interim facility system serving the Project to the County's off -site utility facilities, or conveyance of the interim utility system to the County, the Developer shall turn over to the County a complete list of customers served by the interim utility system within the Project and shall not compete in any way with the County for the service of those customers.' Developer shall provide the County with a detailed inventory of facilities served in the Project and cooperate fully in the transfer of any billing procedures. 7. —SYSTEM DEVELOPMENT D PRIOR TO PERMIT ISSUANCE. Developer agrees to pay all applicable system evelopment charges or impact fees at the time that building permits are required, pursuant to County ordinances and regulations then in effect. As well, Developer acknowledges that upon connection of the interim facility to the off -site treatment and transmission facilities operated and maintained by the County that all owners of existing properties characterized as new users and subject to the imposition of either a water or sewer impact fee will be required to.pay system development charges or impact fees for such new use. 8. CONVEYANCE DOCUMENTATION. All parties acknowledge and agree that the conveyance of all facilities subject to this Agreement shall be effectuated by various documentation required and in the form approved by the Office of the Collier County Attorney; said documentation to include, but not be limited to, appropriate affidavits from Developer and their attorneys as to the title to the subject facility, bills of sale, warranty deeds, easements, subordinations, partial release of lien or other instruments required to assure marketable, clear and unencumbered title to the subject utility facilities at the t_me of conveyance to the County. Developer shall cooperate fully with the County in preparing, providing and obtaining such documentation. 9. STANDARD OF DESIGN AND MAINTENANCE. All utility facilities shall be designed and constructed and conform to local, State and Federal standards. However, in no event shall the design and construction standards for the subject utility facilities fall below or be incompatible with the design and operational standards employed by Collier County or the Collier County Water -Sewer District as articulated in Collier County Ordinance No. 88 -76, the Collier County Utility Standards and Procedures Ordinance, as amended or its successor in function. Developer agrees and covenants that all utility facilities shall be designed and maintained at standards equal to the maintenance standards of comparable utility facilities designed and maintained by Collier County or the Collier County Water -Sewer District. 5 Packet Page -212- 001623 00IS44 OR BOOK PAGE 10. ALL, roNti2YANCEg OP GOV'E t�iuti thin CTI�TY F1ICILITIL3 IN TFiE PROTECT The Parties agree that all conve govertiad by the teraa of this project shall be subject toga an be r Collier County regnlations Agreement and othervlse a shall run with land and ordinances, and that said cove ennrrt successors. and be binding upon the parties and their 11. FACILITIES To BE IN GOOD 170 To On_SITE SYSTEK OR CONVEYANCE To CO KING ORnQt UPON CONNECTION the County, shall be res Vim• Developer, and not snbjeot to this Agreement inible to have all utility facilities with all Count good working order and in co facilities ai'eycon eyedato oederal requirements when the +apliance to the County's off o in the County or are connacted County. Develo i� tY facilities. At no cost to the environmental' udithall coonduct aria provide to the County an environmental consu' ' with a written declaration from an that the subject facilities conveyed County, which verifies are in cosPliancc with all applicable or vestinq in the county environmental lava pplicable state and Federal surrounding the facilitiesaarahcrABCOf ;ties and pro The environmental nlawful contamination. antal consultant shall desaonstr -ate its en the satisfaction of the County prior to commencingasnfications environmental audit. Ito qualifications shall be established if the project manager ti a presumptively is registered in good standi Professional engineer who certified environmental with the State of Florida, Of Environmental Pretessionalsgornsome or a by the National Association profess not t other like national 11 The Courtty�s accaptanca of the least one hundrsd twenty (120} da �'easonably withheld. At convey�Ce of the interim utilityyfacilities toethc coion or County Chall notify the Developer to commence the env audit. The failure of the Coup may• the County to give timely notice to t al the absence or acceptance by the County of any utility facilities in relieve Develo of the negative declaration, shall not conduct P� Of any obligation hereunder for the cost of into c the environmental audit, bringing subject facilities r °saPliaaca and response. cost for cleanup, removal or e'aadiation, if any, which shall be borne by the Developer no event by the County. - per best Sn 11LiDZT12 • RECONVEYAHCE OF TRFATMENT p •'Qu=R= OF COUNTY UNDER CERTAIN CC RSCa2 SA � . IROHFd d wtatecoumty ehaa rormally wads a re a the Provided r and sower related ueilitiesanatthe County vneluntarilywith tbean�at operation of the on -site water or sever treatment Mter or�&ewer plants, the discontinaea operation of the on -.site appropriate statutory deed toaOrangetreehand siteoutility� by Packet Page -213- `"'-�---- 3/26/2013 11.A. ,;•''.•s ' �f':.�'� � ..��;t`�, . .� • - a't'e:. •. 001623 00IS44 OR BOOK PAGE 10. ALL, roNti2YANCEg OP GOV'E t�iuti thin CTI�TY F1ICILITIL3 IN TFiE PROTECT The Parties agree that all conve govertiad by the teraa of this project shall be subject toga an be r Collier County regnlations Agreement and othervlse a shall run with land and ordinances, and that said cove ennrrt successors. and be binding upon the parties and their 11. FACILITIES To BE IN GOOD 170 To On_SITE SYSTEK OR CONVEYANCE To CO KING ORnQt UPON CONNECTION the County, shall be res Vim• Developer, and not snbjeot to this Agreement inible to have all utility facilities with all Count good working order and in co facilities ai'eycon eyedato oederal requirements when the +apliance to the County's off o in the County or are connacted County. Develo i� tY facilities. At no cost to the environmental' udithall coonduct aria provide to the County an environmental consu' ' with a written declaration from an that the subject facilities conveyed County, which verifies are in cosPliancc with all applicable or vestinq in the county environmental lava pplicable state and Federal surrounding the facilitiesaarahcrABCOf ;ties and pro The environmental nlawful contamination. antal consultant shall desaonstr -ate its en the satisfaction of the County prior to commencingasnfications environmental audit. Ito qualifications shall be established if the project manager ti a presumptively is registered in good standi Professional engineer who certified environmental with the State of Florida, Of Environmental Pretessionalsgornsome or a by the National Association profess not t other like national 11 The Courtty�s accaptanca of the least one hundrsd twenty (120} da �'easonably withheld. At convey�Ce of the interim utilityyfacilities toethc coion or County Chall notify the Developer to commence the env audit. The failure of the Coup may• the County to give timely notice to t al the absence or acceptance by the County of any utility facilities in relieve Develo of the negative declaration, shall not conduct P� Of any obligation hereunder for the cost of into c the environmental audit, bringing subject facilities r °saPliaaca and response. cost for cleanup, removal or e'aadiation, if any, which shall be borne by the Developer no event by the County. - per best Sn 11LiDZT12 • RECONVEYAHCE OF TRFATMENT p •'Qu=R= OF COUNTY UNDER CERTAIN CC RSCa2 SA � . IROHFd d wtatecoumty ehaa rormally wads a re a the Provided r and sower related ueilitiesanatthe County vneluntarilywith tbean�at operation of the on -site water or sever treatment Mter or�&ewer plants, the discontinaea operation of the on -.site appropriate statutory deed toaOrangetreehand siteoutility� by Packet Page -213- 00 1 6 2 3 OR BOOK 3/26/2013 11.A. PAGE easements shall be vacated, except that an easement shall be reserved for any connected facilities required, pursuant to paragraph 4 of this Agreement. Only upon the occurence of the events articulated in the preceding sentence shall the County be obligated to conduct and provide to Orangetree an environmental audit and written declaration with related compliance and response, cleanup, removal and remediation cost obligations idential to that which is required from Developer to County pursuant to paragraph 11 of this Agreement. 13. LEASEBACK OF DEDICATED FACILITIES. If the Developer elects to dedicate all appropriate collection, distribution, transmission facilities and easements to the County for leaseback to Utility in accordance with standard County procedures, the County and Utility shall enter into a leaseback of those facilities to allow for continued operation of the on -site interim utility system. Such a leaseback shall be upon terms comparable to utility facilities lease agreements then entered into by the County as required by and in accordance with applicable County land development regulations and /or utility standards and procedures Any such lease agreement shall be in a form approved by. the Off ice of the Collier County 'Attorney. The form of the lease or leases shall be for ten (10) years and at the end of ten (10) years, the lease shall be automatically renewed for successive five (5) year terms, unless terminated sooner as provided herein. Under any such lease the Lessee shall pay the Lessor the sum of Ten Dollars ($10.00) per year as rent. Notwithstanding any other provisions of this Agreement'or any such lease as contemplated herein, the leaseback of the-subject utilities shall terminate at such time as the County-undertakes to provide the treatment service for ,the Project, either through off -site resources or by making formal request to operate the on -site treatment facilities 14. FORBEARANCE BY COUNTY. At the request of the Developer the County hereby agrees and covenants to forebear making any formal request to serve the Project with water or sewer related utilities, either through assuming the operation of the on -site facilities or by causing the connection to the County's off -site facilities, until January 1, 2001. Thereafter, the County shall give one year's notice to the Developer of its formal request to provide or assume utilities services to the Project. 15. WATER AND SEWER RELATED UTILITY SYSTEMS INDEPENDENT. For the purposes of this Agreement the potable water and sewer related utility systems shall be construed as independent of each other. In other words, for example the water utilities may be conveyed to or operated by the County prior to the time the sewer related facilities are conveyed to or operated by the County. 16. RECORDATION. This Agreement shall be recorded in the Official Records of Collier County, Florida. C 7 ti �1 Packet Page -214- • �i 0 16 2 3 ll 3/26/2013 11.A. 0 OR BOOK ; PAGE 17. ASSIGNMENT. Assignment or transfer of the Developer's ' obligations under this Agreement is prohibited without prior written consent of the County. 18. ENFORCEMENT. Enforcement of this Agreement shall be by proceedings at law or in equity, either to restrain violation, seek injunctive relief, or to recover damages against any person or party violating or attempting to violate this Agreement. 19. ATTORNEY'S FEES, COSTS AND EXPENSES. Only the parties executing this Agreement shall be entitled to reasonable attorney's fees, including appellate attorney's fees, and costs, incurred as a prevailing party in connection with any litigation under this Agreement, and to all reasonable expenses, including attorney fees, incurred in exercising or enforcing the rights, obligations or remedies provided or incorporated herein. 20. SEVERABILITY. In the event that any portion of this Agreement shall be found to be unenforceable in any legal proceeding, the remaining provisions shall remain in force and effect. 21. AMENDMENT. Any amendment hereto shall be in writing upon the mutual . written agreement between the parties. 22. INTENT; BINDING EFFECT. This Agreement is intended to identify, specify and carry out the procedures, covenants, obligatiions and responsibilities arising from the Project's PUD Ordinance, Collier County Ordinance No. 87 -13 and as amended on even date, concerning the provision of water and sewer related utilities to the Project. This Agreement shall be binding upon the parties, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: JAMES "C1; GILI�S, Clerk ©C BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND. AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER1 -SEWER DIISTRICTI PATRICIA ANNE GOODNI Chairman 8 Packet Page -215- n Approved as to form and legal sufficiency: Ass stant Coukty Attorney STATE DkFLORIDA COUNTY OF'-.COLLIE f1Ui623 OR BOOK AMNOW GOLAN, Trustee of above - referenced Trust ORANG REE UTILITY CO., a Flor•da,Corporatign BY: fi1 71 k7r es 3/26/2013 11.A. U15It7 PAGE I HEREBY ERTIFY that on this day, before me, an offic my authorized in t State and County aforesaid to take acknowledgments, p sonally appeared PATRICIA ANNE P4 NIGHT, well known to me to be th Chairman of the Board of_goenty Commissioners, Collier ounty, Florida, As Governing Body of Collier County and as Ex- ficio the Go ping Board of the Collier County Water Sewer 'strict eing authorized so to do, executed the foregoing Agreem or the purposes therein contained under authority d vested by the Board of County Commissioners, and that a seal a ixed thereto is the true seal of said Board. WITNES y hand and official seal i the County and State last a f Prcsaid this 2 day of 99. Notary Public My Commission g Packet Page -216- res: tl�t P, - �fn.! }S1 Cc ;�neicis E• 1993 2056532 OR: 2 3/26/2013 11.A. riCOrsso t� orrlclu uaosos �f couan caan, n 41/15/96 at 11:4712 Ulm s. so=, CLM RIC In is.% Collis 1.01 IOU: Cuss " to salts ismornCS 4n moos It? 7240 MONDKZNT TO AGREEMENT THIS AGREEMENT is made and entered into this • 'r' day of 1996, by and between David Friedman as successor trus4e by virtue of the land trust agreement recorded at O.R. Book 1347, Page 2331, the resignation recorded at O.R. Book 1655, Page 918, and the quit -claim deed recorded at O.R. Book 1787, Page 1760, all of the public records of Collier County, Florida, for Orangetree Associates (ASSOCIATES) and Orangetree Utility Company (UTILITY) and 1 06 ounty Commissioners of Collier County and J - officio the tvorning Board of the Collier County Wate -S a st � ��OUNT ) WHEREAS, for t urpose of t �s /.) greement, the term "ASSOCIATES" represents hqr, t it is an owner and developer of a portion of the property in the Orangetree PUD as approved by Collier County Ordinance No. 87 -13; and the term "UTILITY" is a Florida corporation that is licensed to provide water and sewer service to the property owned by ASSOCIATES; and the term "COUNTY" is the Board of County Commissioners of Collier County and as ex- officio the governing Board of the Collier County Water -Sewer District; and WHEREAS, UTILITY and COUNTY are subject to that certain agreement dated May 28, 1991 and recorded in O.R. Book 1623, Page 1539 of the Public Records of Collier County, as well as Collier County Ordinances Nos. 87 -13 and 91-43; and 1 Packet Page -217- QO OR; 2183 3/26/2013 11.A. WHEREAS, UTILITY and COUNTY desire to hereby modify and adjust their rights, obligations and responsibilities under the above mentioned agreements and ordinances by extending the time for UTILITY to operate a wastewater treatment and disposal facility and a water treatment and transmission facility for the Orangetree planned unit development; and WHEREAS, COUNTY, UTILITY and A88OCIAT88 acknowledge that it will be necessary for UTILITY to expend substantial sums of money to upgrade and provide wastewater treatment, disposal, water treatment and transmission services to the Orangetree PUD and that it is fair and prudent to allow UTILITY to recover costs for capital expansion. WHEREAS, ASSO development for the provide utility s1 Collier County. NOW THEREFORE, with its plan of P anvr ILITY is continuing to nef t f the residents of t-, ollows: C, vVy, 1. The above recitals are true and correct. 2. The Agreement between the parties dated May 28, 1991 is hereby reaffirmed in all respects except as hereby amended: "14. ". FORBEARANCE BY COUNTY. At the request of the Developer the County hereby agrees and covenants to forbear making any formal request to serve the Project with water or sewer related utilities, either through assuming the operation of the Packet Page -218- OR: 2183 3/26/2013 11.A. on -site facilities or by causing the connection to the County's off -site facilities until at least 2011, being a minimum of 15 years from the date of the execution of this Amendment. Thereafter, the County shall give one year's notice to the Developer of its formal request to provide or assume utilities serrices to the Project. 3. UTILITY'S operation of the wastewater treatment, disposal facility, the water treatment and transmission facility shall be in conformity with the rules and regulations of the appropriate governmental agencies with jurisdiction. Cp LIB 4. The Agreemen een the part' ated May 28, 1991, is hereby reaffirmed t t elo to it oe not conflict with this Amendment. �i 5. This Agree \ shall not bi it BOCIATE8" right to form or initiate a C r ity Dev -lop men t(�Q trict as authorized by the Florida Statutes '-FIE CIRc 6. This Amendment shall be recorded in the Public Records of Collier County. IN WITNESS WHEREOF, the parties hereto have executed this agreement this Y day of "x/-_,.., 1996. ATTEST: aC� IO�i E. BROC , C, = R BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS GOVERNING BODY OF THE CO LIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SE DISTRICT BY:I ,JOHN C. NORRIS, CHAIRMAN Packet Page -219- °. 3/26/2013 11.A. OR: 2183 PG: 1520 *** Approved as to form and legal sufficiency: It �tL� Tho as C. Palm r, Assistant County Attorney Orangetree Utility Company, a Florida corporation. By: / / ry)d rL iN1(,c)C- Pri Name Witness RvTH LACI ,-�(. Print Name Print Name & Title Davi r Irr : r c r By' Witness �A-A C Print Name U Print Nb STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERT� Xj Q t authorized in the �Vt a aforesai take acknowledgment$yt'� ersonally ai of Orangetre, Util% Company kr described in and executed AGREEMENT and acknowl before same. T WITNESS my hand and i�� last afo ai &Rte i S "` days o _ My Comm f v. 3/25/97 ! rue�,v 4A By Service Ins Ndt '' v� Flo. CC271833 FOr J`p •rrO�bC.n IIONrIC STATE OF FLO IDA COUNTY OF COLLIER as Trustee for 1 ciates r r Title y e ot*B se, an officer duly ire t ounty a�or1said to �}q to be the person he foregoing AMENDMENT TO y�la E he /she executed the 1 in the county and state „• j 1996. ,1 y pulllic, Late of Florida I HEREBY CERTIFY that on this day before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgments, personally appeared David Friedman, as Trustee for Orangetree Associates, known to me to be the person described in and who executed the foregoing AMENDMENT TO AGREEMENT and acknowledged before me that he /she executed the same. WITNESS my hand and official seal in the county and state last aforesaid this day of r_ 1996. (SEAL) �r<<.• ... t :.� Notary Public, State of F orida W MKV4 w • cc4no D�MIES 11 was it the ADAM Mu "W ar ONWA%t I• Packet Page -220- This instrument was prepared by: R. Bruce Anderson, Esq. Young, van Assenderp & Vamadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 (941)597.2814 3/26/2013 11.A. 2356103 OR; 2449 PG; 0430 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 08107/98 at 09:07M DWIGHT E. BROCK, CLERK RBC FEE 51.00 IND11ING 2.00 COPIES 11.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR E %T 7240 SECOND AMENDMENT TO AGREEMENT THIS AGREEMENT is made and entered into this`' day of 1998, by and between ROBERTO BOLLT as successor trustee by virtue of the land trust agreement recorded at O.R. Book 1347, Page 2331 of the Public Records of Collier County, Florida, for Orangetree Associates ( "Associates ") and ORANGETREE UTILITY COMPANY ("Utility"), TWINEAGLES DEVELOPMENT COMPANY LTD. ( "TwinEagles "), a Florida limited partnership and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT ( "County"). RECITALS WHEREAS, for the purpose of this Agreement, the term "Associates" represents and warrants that it is an owner and developer of a portion of the property in the Orangetree PUD as approved by Collier County Ordinance No. 87 -13; and the term "Utility" is a Florida corporation that is licensed to provide water and sewer service to the property owned by "Associates "; the term "TwinEagles" is a Florida limited partnership that is the owner of property to be developed as a residential community, the legal description of which is attached hereto and incorporated by referenced herein as Exhibit "A "; and the term "County" is the Board of County Commissioners of Collier County the Governing Body of Collier County and as Ex- Officio the Governing Board of the Collier County Water -Sewer District; and WHEREAS, Utility and County are subject to that certain agreement dated May 28, 1991 and recorded in O.R. Book 1623, Page 1539 and that amendment to the agreement dated May 14, 1996 and recorded in O.R. Book 2183, Page 1517, all of the Packet Page -221- 3/26/2013 11.A. OR: 2449 PG: 0431 Public Records of Collier County, as well as Collier County Ordinances Nos. 87 -13 and 91-43; and WHEREAS, TwinEagles has requested that Utility provide water and sewer service to TwinEagles' property, and Utility is capable and willing to expand its treatment facilities to provide such service upon the written consent of the County; and WHEREAS, TwinEagles will construct THOSE water and sewer facilities necessary within its development and to connect its development to the Utility's treatment plants or existing facilities and dedicate those facilities to Utility; and WHEREAS, TwinEagles will provide the Utility all necessary easements and permits for maintenance and operation of the water and sewer facilities; and WHEREAS, TwinEagles will pay to the Utility all deposits, charges and fees as required by the Utility's tariffs on file with the Collier County Office of Utility Regulation; and WHEREAS, County is willing to consent to Utility providing the subject water and wastewater service to TwinEagles' property, which is outside of the Utility's certificated area. WITNESSETH: NOW, THEREFORE, the parties agree as follows: The above Recitals are true and correct. The Agreement and Amendment to Agreement referenced in the Recitals by and among Associates, Utility, and County are hereby reaffirmed in all respects except as follows: Section 14 is amended to read as follows to grant a one year extension to that Agreement: FORBEARANCE BY COUNTY. At the request of the Developer the County hereby agrees and covenants to forbear making any formal request to serve the Project and TwinEagles property with water or sewer related utilities, either through assuming the operation of the on -site facilities or by causing the connection to the County's off -site facilities until at least 2012 (being a one year n extension to the prior Agreement) and Amendment. Thereafter, the County Packet Page -222- 3/26/2013 1 1.A. OR; 2449 PG; 0432 v notice to the Utility of its formal request to shall give one years advance ty provide or assume utilities services to the Project and TwinEagles property. The County shall provide said utilities services to Project at the same time that County utilities services are provided to TwinEagles property. The Utility agrees to complete, by December 1, 1998, construction of an expansion of its wastewater treatment capacity to not less than 200,000 gallons per day, and is hereby authorized to provide water and sewer service to the TwinEagles property as the boundaries thereof are described in Exhibit "A" hereto, utilizing the public rights of way that are described in the attached Exhibit "B ". This Agreement authorizes execution of those easements and delivery of those documents to the Utility. County hereby grants to the Utility terminable water and sewer utility easements along the public road right -of -way route described in Exhibit "B ". Said water and sewer (wastewater) utility easements shall be terminable by the County when the County provides water and sewer services to the TwinEagles development and the easements shall be substantially in the form attached as Exhibit "C ". Provision of all such service by Utility to the TwinEagles property shall be subject to all the terms and conditions of the Agreement and Amendment to Agreement referenced, in the Recitals, as further amended by this Second Amendment to Agreement and subject to TwinEagles entering into a Developer's Agreement with Utility that does not conflict in any way with the terms of the Agreement, as now amended. TwinEagles acknowledges that upon disconnection of its development from the Utility's interim facilities and connection to the off -site treatment and transmission facilities operated and maintained by the County that all owners of existing properties or properties otherwise characterized as Water or Sewer Impact Development shall be subject to the imposition of Collier County Water -Sewer District ( "CCWSD ") either water and/or sewer impact fee(s) as may be applicable. TwinEagles shall notify all owners of property within its development of this potential obligation by placing specific written notice of same in the restrictive covenants to be recorded for the development. Packet Page -223- BCC MEETING 3/26/13 - AGENDA Insert after page 223 OR; 2449 PG; 0433 TwinEagles is a signatory to this Second Amendment to Agreement for the sole purpose of evidencing its request for service from Utility and to bind itself and its successors and assigns to its obligations under this Second Amendment to Agreement. The Agreement between Associates, Utility and County dated May 28, 1991 and the Amendment to that Agreement dated May 15, 1996, are hereby reaffirmed to the extent that they do not conflict with this Second Amendment to Agreement. This Second Amendment to Agreement shall be recorded by the County in the Public Records of Collier County. IN WITNESS WHEREOF, the parties hereto have executed this agreement thisq-4=- day of r3ggg Name n vr' Primd Naas STATE OF FLORIDA COUNTY OF COLLIER O - G O UTILITY oriot Corporal' n J The foregoing instry was acknowl before ttre this � day of 1998, by � n. as of Orangetree Utility Company, a Florida corporation on behalf of the corporation who is _X_ personally known to me, or who has Produced identification. N:n: " aMAH KAY t tun of Notr Pu c W c weave r x olm M 00"31.m kv�i of No ww,w""�w Offin �-- Notary Public - State of Florida Fe Signanu %nO LIlL n /I- rv1�95.5 Co Prime Name Signatiwi , Printed Name STATE OF FLORIDA COUNTY OF COLLIER 3/26/2013 11.A. OR: 2449 PG: 0434, Commission No.: ROBERTO BOLLT, as Trustee for Orangetree Asso -ales _Z By: Signature 4 be"Lk Printed Naame / T,�uS7ee Tide The foregoing instru �°e, riv.,w s acknowl d before me this 'day of 1998, by Y'1 z%_P%A'tD , as Trustee of Orangetree Associates on behalf of the Trust who is personally known to me, or, who has produced as identificatio SARAH KAY CECIL = MY coMnAlssrorl r cc eso+oe i nature of Notary lic s D=W nwsi P99 �YC� -� f eC�` �� -- Printed Name of otary Notary Public - State of Florida Commission No.: —el Z d 4 P AJO Signature. 5 -S 411) E y?"I 14 c Printed Name Signatire 60ZA0302 )W 7 /c.0 6&02[ ?0\ Printed Name r TWINEAGLES DEVELOPMENT COMPANY, LTD., a Florida limited partnership Packet Page -224- gnature ZOI ✓Vl f % R (� QC2 /O I A 1 r J �Name I r< < I J" 4 Title 3/26/2013 11.A. OR; 2449 PG; 0435 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 5 day of 1998, by S a m e s R \ o I vy ,`vr a, as of TwinEagles Development Company, Ltd., a Florida limited partnership who is �_ personally knownsa tie, or who has produced as identificado . ignature of Notary Public - e r S rwrli 1Cz'a g ,$« n► o An Printed Name of Notary " 31`"'x'$ Notary Public - State of Florida Commission No.: e- C v 9 iia y `~ ATTEST: :. Dwight E. Brock -.; Clerk r. es to Chairman 's W mne' only. Approved as to form and legal sufficiency. Thomas C. Paltrier Assistant County Attorney BOARD OF COUNTY COMMI $-SI6N;E; W§'`,-,,; OF COLLIER COUNTY, FLORIDA, AS GOVERNING BODY OF THE. COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT By: B ARA B. E , C Packet Page -225- 3/26/2013 1 1.A. OR; 2449 PG; 0436 Leal De m ipem Sad m 20, Town 48 Sough, Range 27 East less =W ucept the South 100 feet and loss m d except the Northv; a Y.., Collia cmintY, Florida, AND Scam 17; Tcwa* t 48 South, Range 27 East, Collier Comfy, Mmda, AND Lands lyi4 in Sccfim 29, Townsbip 48 South, Rsmga 27 East, Collier Conadp,'Faic* desmbod as: ,me west 6 of tde west %I= the North 180 fiat for mad Tight -0f -way puRom and k ss the West 30 float tl==& far raid right-of-way parpoaes, AND The . Southeast y of the Nm*west A less the East 30 fed for road right- of-way purposes, AND The N Ghost y oftIm Southwest Yy less the East 30 Soot for toad right.of -way purposes. AND The West Y': of the 6oatf ma Y, of to Soa@ty vst Y., AND Lands tying is Soccfum 30, Township 48 South, Range 27 East; Collier Couaty. Florida, described as: The Nmdiad Yo otdm Nortb=d y of'the Sow Y+, AND The Noah h o£tbe SouW=A Y. of the Southeast K AND The Sou&Mlt Yi Of *0 S0UjhWM V4 OHM M S0d=kst r% AND Thu North h of the South Y� eft SaadMA Y• of flue Sous cast A AND, IU Soa& K o£ft Sou& % o£ere Sa a bWA Y+ of rite Soothe d V4 AND, fThe- Sm&ca#'A the Xcr east YioftheSouutheastY, AND, L=& 13r* in S"m 31, Tewmkig'43 South, Raaga 27 East, Collis Countp, Florida, d=t'bod ss` The Northwest Yi Of tbt NMdMaSt Y+ Mire I;OdbCast Y. AND The Northiast Y. of rho Na ma V4 of dye Northeast Y. AND Tba Southwest Y. of to Nordrsaet Y. of On Nortlu= V4 AND The Norte V4 of the Southmast Y. of the Northeast N AND The South K ofd J Soudteast Y• of tha Northeast Ya AND MIBIT "A" PAGE 1 of 2 Packet Page -226- 3/26/2013 11.A. Twk� OR: 2449 PG; 0437 zww Page 2 The Soudma y4 of the Nocd cast %. of the Nafeast'/4 AND Tire Northeast % of the Southeast y of $re Nac*=S y4 AND Lends lying in Smt.ion 32r Township 48 Soath, Range 27 East, Collier County, Flodda, desca'bod as: Tbo west Ya of the 5oathweat % atft l4m& wt % of ttsa Nordmca V4 AMID, Mw East K of WG $mftwwt 74 of f L OC&WGSt 1/4 of 11i.NV[dmrc.a 74 AND, . The West '/a of the Swft st Y4 oftheNM*WC t. Y4 oft1e1101 +c V4 AND, The Nocthwcd % Ithe Southwest Y4 oftha Northwest %4 AND, The Wcst'A of the Nadmist Y4 of the Southwest Y4 of to Northwest A AND, M= East '% of the Nod east' /4 of the SouthMA Y. of die Nor&wcst'/. AND, Tha Southwcst Y. of she Southwest y of do Northwest i4 AND, The West'/2 of the Southeast Y4 of the Southwest y of the Northwest'/ AND, The East Ya of the Southeast %4 of the Southwest ' /4 ethe Nar6west S4 AND, Tie west VV, of the 90U&WCA Y4 Of tho Soocthsast K of the Notthwest'4 AND, The Fast K aft $ outhwea '/. of tisc Socrtheast'�. of the Northwes. AND, The west's of the SoathwW Ya Sahjeat to oa� mstac dm and reservations of record. Florida No: 1343 McAnty and Dcslp Inc. 5101 East T Trail, Saito 202 Naples, F16H& 34t13. t EXHIBIT "Alt PAGE 2 of 2 i Packet Page -227- TOTFL P-03 3/26/2013 11.A. OR, 2449 PG, 0438 E TWMEAGLES LEGAL DESCREMON Otisite Water and Sewer Conveyance Route All of 33 RD Avq. Northwest in Unit 36 of Golden Gate Estates as recorded in Plat Book 7, Page 87 of the records �ubrw r of Collier County, Florida, AND i , Ail of 33 RD AvO, Northwest in Unit 37 of Golden Gate Estates as recorded in Plat Book 7, Page 89 of the public records of Collier County, Florida, AMID E That portion of County Road 8461ying between. the North Right of Way of said 33 RD Ave. Northwest extended to the East Right of Way of County Road 846 and the extension of the South Right of Way of OR Well Road extended to the West Right of Way of County Road 846, AND That portion of Oil Well Road beginning at the East Right of Way of County Road 846 and ex tending 4660.00 feet Easterly, &H 1piag in and a part of Sections 14, :15, 16 and 23 of Township 48 South, Range 27 East, Collier County Florida. Y :mss & Design, Inc. 1 t William C. Mc,A* P.S.1 i • + EXHIBIT "B" PAGE 1 of 2 Packet Page -228- 3/26/2013 11.A. Packet Page -229 - \I -Ma", Packet w was COUNTY ;a Ma �- -� -- ------ - - - - -- --------------- -- -- i i L • � � s s I 1 !� - ! -- imam am - ----- -- - - ---- ---- -- -- - - - ------- -- -- - -- -- - - - - ----- I > tz t o , ! t tit t t Packet Page -229 - \I -Ma", Packet w was COUNTY ;a Ma �-7 cv ..tom b 47 0 t.� w t L • �-7 cv ..tom b 47 0 t.� w /—N TWIN EAGLES WATER WASTE- WATER VnLr Y FACILITIES EASEMENT 3/26/2013 1 1.A. * ** OR; 2449 PG; 0440 * ** 1. The effective date of this easement is the day of ' Igoe. This easement it conveyed by COLLIER COUNTY, a political subdivision of the State of Florida, (-GRANTOR-) to ORANGETREE UTILITY COMPANY, a Florida Corporation, CGRANTEE7. To the greatest extent allowed by law, GRANTOR hereby conveys to GRANTEE. and successors and/or assigns of GRANTEE corporation, a non - exclusive easement for GRANTEE'S water and wastewater facilities to be constructed, used and maintained within the easement area under the public road- rights- of-way known as (i) part of Oil Well Road, (6) part of County Road 846, (H) 331' Avenue Northwest of Unit 36 of Golden Gate Estates, and (N) 3r Avenue Northwest of Unit 37 of Golden Gate Estates, at being in parts of Section 14, 15, 16 and 23, Township 48 South, Range 27 East, unehoorporated Collier County. The legal description of the easement is on attached Exhibit 'K. No part of the easement Ares is within arty boundary of any municipal corporation. If a court should ever determine that GRANTOR lacked full authority to convey this easement to GRANTEE as intended, than this deed shall be deemed to convey to GRANTEE, to the greatest extent allowed by law, a license coupled with-sh interest. GRANTEE shag record this easement in the public records of Collier County. 2. If GRANTEE fails within four hundred (400) days from this easement's effective date, to commence to physically install the subject water and wastewater facilities in the easement and under the road right-of-way, then this easement shag automadcally terminate and GRANTEE shall, at no cost to GRANTOR, record in the public records of Collier County a quit-claim deed to GRANTOR, which shag acknowledge such termination. This easement shag also terminate automatically when GRANTOR becomes owner of these utility facilities, at which time GRANTOR wig record its ownership thereof In the public records of Collier County. Otherwise, the duration of this easement shall be for so long as the road remains a road right- of-way and any of the subject utility facilities remain in the easement area and under that road right-of -way. 3. GRANTEE has paid GRANTOR Ten Dollars ($10.00) for this easement and GRANTEE also agrees for itself, and all successors and/or assigns of GRANTEE corporation: (1) to maintain the utility facilities and this easement and not unreasonably hub fore at any time with any lawful use of the right-of- way, including any other party granted access to any of the pmparty over which this easement exists. GRANTEE will at ail times restore the road and immediately surrounding area to as good condition as existed prior to constructionfinstallation, maintenance and/or repair of any of two utility facilities; and (2) at no cost to GRANTOR to relocate any and all such faaltlies as may from time-to-time be requested by GRANTOR to facilitate repairing, relceatkW, realigning andforwidening the road right-of-way. GRANTEE, and its successors and assigns, shat Indemily, save. profed and hold GRANTOR harmless against any bss. damage. Injury, expense or debt (including atomey's fees) claimed or asserted against GRANTOR by any person(s), entity or entities, arising out of GRANTEE'S installation. use, maintenance and/or presence of any of these utility facilities. This indemnification shag not be wdkVuished by termination of this easement, but shag remain until the longest relevant statutes of limitations has run out THE COUNTY OF COLLIER authorizes this EASEMENT to be created In Its name by action of its Board of County Commissioners, to be signed by its Chairman and be delivered to GRANTEE. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY. FLORIDA gy; BY: Deputy Clerk BARBARA B. BERRY, Chairman Approved as to Forth and Legal SuliRtiency Thomas C. Palmer Assistant County Attorney Twin Espy water and WasamW Fa Ndae Easement In VWRc mad rW4-w+Y EXHIBIT C Packet Page -230- INSTR 4340442 OR 4490 PG 2893 RECORDED 9/10/2009 4:26 PM PAGES 2 3/26/2013 11.A. DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC 518.50 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA ORANGE TREE UTILITY CO., a Florida corporation, Plaintiff/Counter- Defendant, VS. COLLIER COUNTY, a political subdivision of the State of Florida, Defendant/Counter- Plaintiff. co THIS CAUSE came Summary Judgment Defendant/Counter- plaintiff Orange Tree Utility Co. ( "Ora '%ee "). Upon arguments of counsel, and being of =�ows: ORDERES AND ADJUDGE=sfol Case No. 07- 2333 -CA r 0 IG «� o �O C t S1 S ��h, M ti ?D OP V O o 0 , concerning the "Motion for ;t claratory Relief' filed by Z) Plaintiff/Counter- Defendant motion, the record, and the the Court 1. The pleadings, depositions, answers to interrogatories, admissions, affidavits, and other materials as would be admissible in evidence on file show that there is no genuine issue of material fact, and that the County is entitled to a judgment as a matter of law. 2. Accordingly, for the reasons set forth in the County's motion and announced by the Court on the record, the County's motion and the relief requested therein is hereby GRANTED, and final judgment is hereby entered in favor of the County and against Orange Tree. 3. The Court hereby reserves jurisdiction to enforce this judgment, and to determine any claims for reasonable attorneys' fees and costs. Pane 1 of 2 Packet Page -231- * ** OR 4490 PG 2894 * ** Ir ^, 3/26/2013 11.A. 40 0 DONE AND ORDERED, in chambers, in Naples, Collier County, Florida, on this c7 V fA day of 20 Q�9 Ho o'rable Hugh D. Hayes" Circuit Court Judge Conformed copies provided to: ` Counsel for Orange Tree: S.W. Moore, Esq., Brigham Moore, 3277 Fruitville Rd., Unit E, Sarasota, FL 34237; and John R. Jenkins, Esq., Rose, Sundstrom & Bentley, LLP, 2548 Blairstone Pines Drive, Tallahassee, FL371„, - Counsel for the County: Ec McBreen, Esq., de la Parte & n Arenas, Esq., and Daniel J. Tampa, FL 33601.2350 Page 2 of 2 Packet Page -232- 3/26/2013 11.A. TwinEagles Homeowners Association, Inc. C/o KEB Management Services 6017 Pine Ridge Rd. #262 Naples, FL 34119 239- 262 -1396 Office 239 -262 -5947 Fax March 14, 2013 Collier County Board of Conunissioners 3339 Tamiami Trail E. Naples, FL 34112 -5361 Dear Collier County Board of Commissioners: We, the residents of TwinEagles HOA, are in full support of Collier County Public Utilities Division taking over the operations of Orange Tree Utilities. The residents look forward to this positive change. Thank you for your consideration of approval on this matter. Sincerely, Ken Bloom on behalf of Board of Directors TwinEagles HOA Packet Page -233- 3/26/2013 11.A. Bramble Pointe at TwinEagles Homeowners Association, Inc. C/o KEB Management Services 6017 Pine Ridge Rd. #262 Naples, FL 34119 239- 262 -1396 Office 239 -262 -5947 Fax March 14, 2013 Collier County Board of Commissioners 3339 Tamiami Trail E. Naples, FL 34112 -5361 Dear Collier County Board of Conunissioners: We, the residents of Bramble Pointe at TwinEagles HOA, are in full support of Collier County Public Utilities Division taking over the operations of Orange Tree Utilities. The residents look forward to this positive change. Thank you for your consideration of approval on this matter. Sincerely, Ken Bloom on behalf of Board of Directors Bramble Pointe at TwinEagles HOA n Packet Page -234- 3/26/2013 11.A. Hollybrook at TwinEagles Homeowners Association, Inc. ^ C/o KEB Management Services 6017 Pine Ridge Rd. #262 Naples, FL 34119 239 - 262 -1396 Office 239 - 262 -5947 Fax March 14, 2013 Collier County Board of Commissioners 3339 Tamiami Trail E. Naples, FL 34112 -5361 Dear Collier County Board of Commissioners: We, the residents of Hollybrook at TwinEagles HOA, are in full support of Collier County Public Utilities Division taking over the operations of Orange Tree Utilities. The residents look forward to this positive change. Thank you for your consideration of approval on this matter. Sincerely, Ken Bloom on behalf of Board of Directors Hollybrook at TwvinEagles HOA Packet Page -235- 3/26/2013 11.A. Wicklow at TwinEagles Homeowners Association, Inc. C/o KEB Management Services 6017 Pine Ridge Rd. #262 Naples, FL 34119 239 - 262 -1396 Office 239- 262 -5947 Fax March 14, 2013 Collier County Board of Commissioners 3339 Tamiami Trail E. Naples, FL 34112 -5361 Dear Collier County Board of Commissioners: We, the residents of Wicklow at TwinEagles HOA, are in fiill support of Collier County Public Utilities Division taking over the operations of Orange Tree Utilities. The residents look forward to this positive change. Thank you for your consideration of approval on this matter. Sincerely, Ken Bloom on behalf of Board of Directors Wicklow at TwinEagles HOA Packet Page -236- 3/26/2013 11.A. Wisteria at TwinEagles Homeowners- Association, Inc. C/o KEB Management Services 6017 Pine Ridge Rd. #262 Naples, FL 34119 239- 262 -1396 Office 239- 262 -5947 Fax March 14, 2013 Collier County Board of Commissioners 3339 Tamiami Trail E. Naples, FL 34112 -5361 Dear Collier County Board of Commissioners: We, the residents of Wisteria at TwinEagles HOA, are in fiill support of Collier County Public Utilities Division taking over the operations of Orange Tree Utilities. The residents look forward to this positive change. Thank you for your consideration of approval on this matter. Sincerely, Ken Bloom on behalf of Board of Directors Wisteria at TwinEagles HOA Packet Page -237- 3/26/2013 11.A. 1101N Lockford at TwinEagles Homeowners Association, Inc. C/o KEB Management Services 6017 Pine Ridge Rd. #262 Naples, FL 34119 239 - 262 -1396 Office 239 - 262 -5947 Fax March 14, 2013 Collier County Board of Commissioners 3339 Tamiami Trail E. Naples, FL 34112 -5361 Dear Collier County Board of Commissioners: We, the residents of Lockford at TwinEagles HOA, are in full support of Collier County Public Utilities Division taking over the operations of Orange Tree Utilities. The residents look forward to this positive change. Thank you for your consideration of approval on this matter. Sincerely, Ken Bloom on behalf of Board of Directors Lockford at TwinEagles HOA Packet Page -238- 3/26/2013 11.A. WATERWAYS . Of NAPLES,- # 925 GRAND RAPIDS BOUT -EVARD { NAPLES, FLORIDA 34120 MAR 18 2013 PHONE: (239) 353 -6887 FAx: (239) 354 -9927 �- E -MAIL: MANAGER @WACERWAY"SOFNAPLESHOA.COM SOLID WASTE �. EE _ �� WWW. WATERWAYSOFNAPLF,SHOA.COM March 13, 2013 Collier County Public Utilities Support 3339 Tamiami Trail East Suite 302 Naples, FL 34112 Attention: Dr.Yilmaz, Mr. Bellone On February 14, 2013 President, Mr. Robert Buck, and two Directors, Messrs. Dennis Tracy and Alvin Diamant of Waterways HOA Board of Directors, met with Dr. Yilmaz and Mr.Bellone, representatives of Collier County Public Utilities Division. We were informed of Collier County future takeover of the Orange Tree Utilities water and waste treatment operations, and the impact this action will have on our community. The meeting was extremely well presented, and all our concerns were addressed, Waterways of Naples HOA finds it beneficial to our community, and wholeheartedly endorse Collier County future assumption of provisioning our water and waste treatment utilities. Robert Buck President Waterways HOA Board of Directors. Packet Page -239- 3/26/2013 11.A. Collier County Properly Appraiser Property Summary Parcel No. 00210041503 Site Adr. 1445 CR 858 Name / Address BOLLT TR. ROBERTO % ORANGETREE ASSOC 4500 EXECUTIVE DR STE 110 City NAPLES State FL Zip 34119- 8908 Map No. Strap No. Section Township Range Acres *Acreage 3C14 482714 008.0003C14 14 48 27 28.08 14 48 27 COM SE CNR SEC 14, N 89DEG W 1693.54FT, N SOFT TO POB, N 1362.28FT, S 89DEG E Legal 416.75FT, S 1DEG W 562.53FT, S 89DEG E 850FT, S 80OFT, N 89 DEG W 12SOFT TO POS, LESS THAT PORTION FOR R/W AS DESC IN OR 4330 PG 2716 Millage Area O 289 Millaae Rates 0 *Calculations Sub./Condo 100 - ACREAGE HEADER School Other Total Use Code ® 42 - HEAVY INDUSTRIAL, HEAVY EQUIPMENT 5.576 8.5091 14.0851 Latest Sales History 2012 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book- Page Amount Land Value $ 842,400 11/14/96 2250 -1827 $ 0 ( +} improved Value $ 23,SOO (_) Market Value $ 865,900 ( -} SOH* & other Exempt. $ 0 - (_) Assessed Value $ 865,900 ( -) Homestead & other Exempt. $ 0 (_) Taxable Value _ $ 865,900 (_) School Taxable Value $ 865,900 If all Values shown above equal 0 this parcel was created after the Final Tax Roil *SOH s `Save Our Homes" exempt value due to cap on assessment increases. Packet Page -240- http://www.collierappraiser,com/Main—Search/Recwl . ,ioID= 210041503 3/15/2013 3/26/2013 11.A. Collier County Property Appraiser Property Arial Parcd No. `- 00210041503 Ske Adr. 1445 CR 858 '1� Packet Page -241- . http: / /www.collierappraiser.com/Main Search /Rec....�.............,., : „1ioID=210041503 3/15/2013 N O b�4 cC Clr —. m v Q Q v a, .Q E CL o v N xL 4/ N 01 :7 (Cp C C O O C_ N 10 b b b. 7 N l0 3 80 W 'r o d FL m :5i c c 0 o O N Q � O � � C pEpID U a`e $N Q. . O Q Q d a 0 a` r c 0 0 U `w 6 v m v d _N fa Q a w a E Q r c 0 0 CDU d O U v 0 N 3/26/2013 11.A. O N kn M N de N O� CA N 00 oA M M d