Backup Documents 07/26/2011 Item #10K ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 0 K TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO j
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
ROUTING SLIP
Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Ian Mitchell(line#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
3. Ian Mitchell,Executive Manager Board of County Commissioners +PLS/
4. Clerk of Courts Minutes and Records Dept.,4n'Fl.
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive
summary.Primary contact information is needed in the event one of the addressees above,including Ian Mitchell needs to contact staff for additional or missing
information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Danette Huff,Reuse Manager Phone Number 239-2534023
Contact Please call or e-mail for
pick up
Agenda Date Item was July 26,2011 Agenda Item Number +6-e1 to
Approved by the BCC
Type of Document Renewal/Amendment to Reclaimed Water Number of 2 documents total of 3
Attached Agreement.An original signature from the Documents Attached pages
Chairman needed.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency.(All documents to be DH
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.This includes signature pages from ordinances,
resolutions,etc.signed by the County Attorney's Office and signature pages from
contracts,agreements,etc.that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's DH
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DH
signature and initials are required.
5. In most cases(some contracts are an exception),the original document and this routing slip DH
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified.Be aware of your deadlines!
6. The document was approved by the BCC on 7/26/2011 and all changes made during N/A
the meeting have been incorporated in the attached document.The County Attorney's
Office has reviewed the changes,if applicable.
to <6 .... /.:53)/-)- . D3D
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05
10K
RENEWAL AND AMENDMENT OF THE
AGREEMENT FOR DELIVERY AND REUSE OF RECLAIMED WATER
This Renewal and Amendment of original Agreement for Delivery and Reuse of Reclaimed
Water is made and entered into on this 2.._&_ day of g - / /!l Y , 2011, by and between The
Club Pelican Bay, Inc., ( "User ") and the Board of County Commissioners of Collier County, Florida as
the Ex- Officio Governing Board of the Collier County Water -Sewer District ( "District "), collectively
stated as the "Parties ".
RECITALS:
WHEREAS, District and User are parties to that certain Agreement for Delivery and Reuse of
Reclaimed Water dated August 17, 2006 (the "Agreement "); and
WHEREAS, the Parties desire to renew and amend the Agreement for a five year term with
automatic renewals thereafter as provided for in the Agreement; and
WHEREAS, the Parties believe the renewal and amendment herein are in the best interests of
the District and User.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as follows:
1. The foregoing Recitals are true and correct and are incorporated by the reference herein.
2. In keeping with Section 2 of the Agreement, the Parties hereby exercise their right to renew
the Agreement. Accordingly, the Agreement is hereby renewed for a period of five (5)
years and shall be renewed for only successive five (5) year periods, unless amended or
terminated as provided by the Agreement. This five (5) year renewal term will expire
August 17, 2016.
3. Section 14 NOTIFICATION OF DISTRICT of the original Agreement is deleted and
replaced with the following:
All notices required or permitted to be given hereunder shall be in writing and shall be
deemed given if delivered in person, by telecopy, by an overnight delivery service, or by
certified or registered mail to the other party at the following addresses:
(a) Collier County Public Utilities Administrator
3339 Tamiami Trail E., Suite 303
Naples, Florida 34112
239 - 252- 252 -2540
(b) Collier County Wastewater Director
4370 Mercantile Avenue
Naples, Florida 34104
239 - 252 -6337
(c) Collier County Reuse Manager
4370 Mercantile Avenue
Naples, Florida 34104
Page 1 of 2
il
INSTR 4592113 OR 4706 PG 2990
RECORDED 8/2/2011 1028 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $18.50
10K NO
239 - 252 -6284
4. All terms and conditions of the Agreement remain in full force and effect. This Renewal
and Amendment merges any prior written and oral understanding and agreements, if any,
between the Parties with respect to the matters set forth herein.
5. This Renewal and Amendment shall be recorded by the County, at the expense of the
County, in the Official Records of Collier County, Florida, within sixty (60) days of
approval by the Collier County Board County Commissioners.
IN WITNESS WHEREOF, the User and the District have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date indicated below.
Witnesses:
Signature
USER:
The Club Pelican Bay, Inc.
By:
Signature
fnN /►/1 �M
ZPrint Name and Title
�.
Pri t Name
DWIGHT E BROCI? -CLERK
By`.
Approval for form and legal
Sufficiency:
Jennifer . White
Assistant County Attorney
DISTRICT:
M,rt'PffFt,rr
BOARD OF COUNTY COMMPM6fQ0 -, ., ,.
COLLIER COUNTY, FLORIDA,
GOVERNING BODY OF COLLEE "Qq TY AND
EX- OFFICIO THE GOVERNIN6x 0 OF x
COLLIER COUNTY WATER -SMW. I?i§TRICT
By. FRED W. COYLE, CHA
err ,��tst�
Page 2 of 2
July 5, 2011
Ms. Danette Huff
Collier County Wastewater Department
4370 Mercantile Avenue
Naples, FL 34104
Re: The Club Pelican Bay Reuse Contract
Dear Ms. Huff•
707 GULF PARK DRrvE
NAPLES, FLORIDA 34108
(239) 597 -1183
(239) 597 -7091 Fax
www theclubpelicanbaycom
Agenda Item #: Meeting Date:
Presented by:
As you are aware, The Club Pelican Bay's contract with Collier County Utilities
Department provides for a maximum volume of 500,000 gallons per day of reuse water
be routed to The Club Pelican Bay. Pursuant to our recent discussions, The Club Pelican
Bay desires to obtain a larger allocation of reuse water from the County.
The Club Pelican Bay's South Florida Water Management District (SFWMD) water use
Permit provides for a maximum daily allocation of 1,012,000 gpd based on standard
SFWMD irrigation need calculations. The shortfall between the irrigation need and the
reuse volume provided by the County represents a significant hardship to The Club
Pelican Bay.
In order to meet this shortfall, The Club Pelican Bay has, at great expense, sought to
develop on -site incremental sources of supply to partially supplement the reuse source. In
the past, the County has indicated that there was no realistic possibility of increasing The
Club Pelican Bay's reuse allocation due to a tight supply and a long waiting list.
However, if the County's available reuse supply has increased, The Club Pelican Bay
would be very interested in securing a 250,000 gpd increase.
Please do not hesitate to call to discuss this matter further.
Sincerely,
David Mangan
General Manager
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