Agenda 09/15/2009 Item #16E 8
Agenda Item No, 16E8
September 15, 2009
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to execute a long-term Agreement between Collier County and the
Board of Supervisors of the Lely Community Development District to supply irrigation
quality water to the combined site of the Emergency Service Center and the South
Regional Library at an annual cost to the County of approximately $4,235.00; and to
authorize the Chairman to sign the Agreement.
OBJECTIVE: To obtain approval to execute a long-term Agreement with the Lely Community
Development District to supply irrigation quality water for maintaining the landscaping at the combined
site of the Emergency Services Center and the South Regional Library thereby eliminating the more
costly use of potable water for irrigation.
/,....-
CONSIDERATIONS: When the site for the Emergency Services Center was moved to the location on
Lely Cultural Parkway, the Lely Community Development District (LCDD) made a tentative promise to
provide irrigation quality water from their system in lieu of the Project installing a well on the property to
minimize irrigation water costs. Collier County does not offer irrigation quality water service within the
boundaries of LCDD. When the Development District widened the Lely Cultural Parkway, they installed a
new irrigation water main and the Project installed the required connections to the site's irrigation system,
The Department of Facilities Management with the help of the County Attorney's Office has negotiated a
favorable, long-term Agreement with LCDD that has already been approved by the Lely Board of
Supervisors at their August Meeting. The Agreement (attached) provides suitable terms and conditions
for renewal, renegotiation/determination of annual charges, and termination by either party, There is no
"per gallon" metered usage fee, only an annual fee for maintenance of the LCDD irrigation water
distribution infrastructure based on a proportionate share of their actual costs as calculated in Exhibit B of
the Agreement (attached). At each of the Agreement's designated five-year renewal points, the
Department of Facilities Management will evaluate the cost effectiveness or value to the County of the
Agreement before it is renewed,
FISCAL IMPACT: The annual cost, as calculated by the terms of the Agreement for the first twelve
month period, is $4,235.37. This cost will be distributed, along with other utility costs, such as electricity
and potable water, to the users of the Emergency Services Center and the South Regional Library on an
equitable calculated ratio taking into account the various departments share of the irrigated landscape at
the site. Since the County re-use water is not available at the site, the total cost for this Lely irrigation
quality water is projected to be only 26% of the cost of using potable water for irrigation,
LEGAL CONSIDERATIONS: This item is not quasi-judicial and as such ex parte disclosure is not
required. This item requires majority vote only. This item is legally sufficient for Board action, - JBW
GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan,
RECOMMENDATION: That the Board of County Commissioners approves the execution of the
Agreement with LCDD for the supply of irrigation quality water to the Emergency Services Center and
South Regional Library site located on Lely Cultural Parkway, and authorizes the Chairman to sign the
agreement.
PREPARED BY: Hank Jones, Principal Project Manager, Department of Facilities Management.
,-
Item Number:
Item Summary:
Meeting Date:
~ u5'"' 1- V..l 1.
Agenda Item No. 16E8
September 15. 2009
Page 2 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E8
Recommendation to execute a long term Agreement between Collier County and the Board
of Supervisors of the Lely Community Development District to supply irrigation quality water
to the combined site of the Emergency Services Center and the South Regional Library at an
annual cost to the County of approximately $4,235.00; and to authorize the Chairman to sign
the Agreement.
9/15/2009900:00 AM
Prepared By
Hank Jones
Administrative Services
Senior Project Manager
Date
Facilities Management
9/1/200910:14:05 AM
Approved By
Jennifer White
County Attorney
Assistant County Attorney
Date
County Attorney Office
9/1/2009 2:06 PM
Approved By
Skip Camp, C,F.M,
Administrative Services
Facilities Management Director
Date
Facilities Management
9/1/20092:41 PM
Approved By
Len Golden Price
Administrative Services
Administrative Services Administrator
Date
Administrative Services Admin.
9/2/20099:05 AM
Approved By
OMB Coordinator
County Manager's Office
OMB Coordinator
Date
Office of Management & Budget
9/2/200910:13 AM
Approved By
Laura Davisson
County Manager's Office
Management & Budget Analyst
Date
Office of Management & Budget
9/2/200910:19 AM
Approved By
Jeff Klatzkow
County Attorney
County Attorney
Date
County Attorney Office
9/2/20094:06 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
9/2/2009 4:44 PM
Agenda Item No. 16E8
September 15, 2009
Page 3 of 9
lNTERLOCALAGREEMENT
BETWEEN COLLIER COUNTY
LEL Y RESORT, PHASE TWO, PART OF TRACK "B"
THIS I NTERLOCAL AGREEMENT (the "Agreement") is made this day of
, 2009, by and between the Collier County, a political subdivision of
the State of Florida (the "COUNTY"), and the BOARD OF SUPERVISORS OF THE
lEL Y COMMUNITY DEVELOPMENT DISTRICT (the "COD").
W!TNESSETH:
WHEREAS, Section 163.01, Florida Statutes, also known as the Florida
Interlocal Cooperation Act of 1969, permits local government units to make the most
efficient use of their powers by enabling them to cooperate with each other to provide
services in a manner that will accord best with geographic, economic, population, and
other factors influencing the needs and the development of local communities; and
WHEREAS, the COUNTY is the owner of real property known as the east portion
of Tract "B" of the Lely Resort, Phase Two, rocated in Collier County, Florida, which is
legally described in Exhibit "A" attached hereto and made a part hereof (the "Property");
and
WHEREAS, the COUNTY has requested that the COO provide irrigation quality
water to the Property.
WHEREAS, the Property is subject to annual operating and maintenance
assessments (the "0 & M Assessment") based upon the cost to the COD for providing
certain services that benefit the Property (the "COD Services"); and
WHEREAS, the COUNTY and the COD have determined that the COUNTY will
only be charged for the 0 & M Assessment.
NOW, THEREFORE, based upon the mutual covenants and premises provided
herein, and other valuable consideration, the parties hereby agree as follows:
1. Recitals Incorporated. The above recitals are true, correct, and incorporated
herein.
2. Purpose, COD agrees to provide irrigation quality water to the Property. The
IQ water shall be supplemental water resources and/or wastewater effluent.
3, Calculatinq the Annual costs to the COUNTY. The County is solelv
responsible to pay the 0 & M assessment for limited services. The annual 0
& M Assessment for the Property shall be calculated using the method set
forth in Exhibit "B" attached hereto and made a part hereof (the "0 & M
Agenda Item No. 16E8
September 15, 2009
Page 4 of 9
Calculation"). All subsequent calculations of the 0 & M Assessment for the
Property shall be calculated in accordance with the audited 0 & M Calculation
from the previous year provided that the COUNTY continues to utilize only the
CDD Services related to providing irrigation water to the Property. The CDD
shall bill the COUNTY for the 0 & M Assessment on October 1st of each fiscal
year. Payment will be made upon receipt of a proper invoice and in
compliance with Section 218.70, Florida Statutes, otherwise known as the
"Local government Prompt Payment Act." COUNTY reserves the right to
withhold and/or reduce an appropriate amount of any payment for service not
received or for unsatisfactory performance.
,4. Responsibility for Maintenance. The COUNTY agrees to maintain and repair
all irrigation quality water lines that exclusively serve the Property. The
COUNTY further agrees to utilize best management practices to identify and
prevent line breakages on the piping exclusively servicing the property and in
the event that a breakage occurs, to expend all reasonable efforts to minimize
the loss of irrigation water by either closing valves on the Property or notifying
COO operations to close the appropriate valves outside of COUNTY's
control. The County further agrees to expedite repairs to minimize disruption
to the area serviced by the COO main.
5. Term of Aqreement. This Agreement is for a 25-year term from the
Agreement's effective date. At the end of each five (5) year period, and within
approximately ninety (90) days before the end of each successive five (5)
year period thereafter, this Agreement shall be amended and revised to
reflect all of the terms and provisions then being incorporated in like
agreements by the District for delivery and use of IQ water. Subsequent to
the initial twenty-five (25) year term of this Agreement, this Agreement shall
automatically be renewed for only successive five (5) year periods, unless
terminated by either party as provided for herein.
6. Right to Termination. COUNTY AND COD for any reason may terminate this
Agreement with 120 days written notice.
7. Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed to be an original as against any party whose signature
appears thereon and all of which shall together constitute one and the same
instrument.
8. Governina Law. The laws of the State of Florida shall control with respect to
interpreting and enforcing the provisions of this Agreement.
9, Compliance. The COUNTY and the CDD agree to comply with all federal,
state, and local laws that may be applicable from time to time.
,A,genda Item No, 16E8
September 15, 2009
Page 5 of 9
10.Amendment. This Agreement may not be changed, modified, or amended,
except in writing by an instrument executed by the parties hereto.
11. Severabilitv. If any part of this Agreement is held invalid by a court of
competent jurisdiction and all appeals have been exhausted or not pursued,
such part shall automatically be deemed stricken as if never written herein
and the remaining provisions of this Agreement shall remain in full force and
effect.
12. Notices and Addresses of Record. All notices required or made pursuant to
this Agreement shall be in writing and shall be delivered by hand or by United
States Postal Service, first-crass mail, return receipt requested to:
As to the COD:
Lely Community Development District
Attn: Neil Oorrilf, COD Manager
5645 Strand Boulevard, Suite #3
Naples, Florida 34110
As to the COUNTY:
Board of County Commissioners
Attn: Skip Camp, Director. Department of Facilities Management
3301 Tamiami Trail East, Bldg. W
Naples, Florida 34112
Written Notice of Address and Telephone Changes is Required. The COD may
change the above mailing address and/or phone numbers at any time upon
giving the Director of Collier County Facilities Management notification by U,S.
Mail. The District may change the above mailing address and/or phone numbers
at any time upon giving the President or Property Manager of the COD
notification by U,S. Mail.
13. Filinq with the Clerk of Courts. The COUNTY shall be responsible for filing a
copy of this Agreement with the Clerk of Courts for Collier County, Frorida, in
accordance with Section 163,01 (11), Florida Statutes.
Agenda Item No, 16E8
September 15, 2009
Page 6 of 9
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day first written above.
ATTEST:
ATTEST:
DWIGHT E. BROCK, CLERK
,Deputy Clerk
Approval as to form and legal Sufficiency:
~i?N~
JennJ r. . White
Assistant County Attorney
BOARD OF SUPERVISORS OF THE
LEL Y COMMUNITY DEVELOPMENT
DISTRICT
,.-
By:
Name:
Title:
/.E:; '""Z-
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
DONNA FIALA~ "c~crirman
Agenda Item No. 16E8
September 15, 2009
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EXHIBIT '< t1 ,:
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Legal Description being a part of Tract "S",
Laly Resort Phase Two, Plat Sook 18, pages
43- 45, ColUer County, Florida
20 Acre Parcel
AN thlilt par1 of Tract "S" Lely Resort Phase Two, Plat Book 18, pages 43. 45 of the Public
Records of Colliar County, Florida, being mora partJcularty described as follows:
Commencing at the northwest comer of ~aid Tract "8";
thanco along the north line of said iract "S" North 86"03'44" East 819.41 feel to the Point of
80glnnlng of 20 acre p~rcel:
{hence contlnue along the north line of said Tract MB" North lJB"03'44" East 849.89 feet to a
point on the East line or said Tract "S";
thencel atong said line South 04'03'03" West 763,95 feet to the south Unfl of said Tract "B":
lhen~ along said line southwesterly 281.47 feet along the arc of a non~tangentJal circUlar
curve conc:ave sOlJtheasteny having a radius of 1474.86 fect through a contra! angle of
10.56"05" and being sublended by a chard which besl"5 South 60"31'05" West 281.05 feet;
thence continue arong said south Ilne South 55"03'03" West 786.19 feel:
lhcnaJ leavinG saId line North 04.03'03" Eas11325.30 feet to the Point of BeglnnJng;
Subject to easements and restrictions of record.
Containing 20 acres more or less.
Bearings arc based On the north line of Tract "8" being North 88.03'44'" East.
Certlficate of authorization #LB--43.
WH5onMII~r, Inc.
Registered Engineers and Land Surveyors
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Date 5 - 15 . :z..cr:o
ef. 2c.1025, sheet 1
No valid unless embossed wilh the Professional's seal.
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Agenda Item No, 16E8
September 15, 2009
Page 9 of 9
Exhibit B
Lely Community Development District
Calculation of 0 & M Assessment for Collier County Board of Supervisors
(Lely tract B)
The 0 & M assessment is calculated based on the benefits that the County will receive from Lely COD. All other services will be
the responsibility of the County,
Lely COO will provide water management services and irrigation supply services.
In addition, the Lely CDD will assess a portion of the administrative assessment calculated at 15% of the total administrative
assessment.
The Equivalent Residential Units (ERU's) assigned to Tract 8 are 40.
The Total ERU's in the FY 2008 budget are 3283,54.
COltnty'S percentage of ERU'u = 1.22%
The total of the water management services budget, the irrigation supply services budget and 15% of the administrative bUdget are
multiplied by the County's percentage of the ERU's to determine the annual 0 & M assessment attributable to the County.
Audited FY 200B County
General Fund Budget Calculation
$28,804 $0
$27.179 $0
$445,074 $0
$1,840,742 $0
$2,341,799 $0
$335,701 15% $50.355
$920,738 $0
$424,289 $0
$63,974 $0
$89,901 $0
$144,590 $0
$9,745 $9,745
$287,061 $287,061
$0 $0
$2,275,999 $347,161
$36,550 $0
$35.502 $0
$0 $0
$2,348,051 $347,161
$586,93 I per unit
I $4,235,37 I
Interest Income
Disposition of Fixed Assets
Other Miscellaneous Revenues - Special Assessment Direct Bill
Speciai Assessment Levy
Professional & Administralive
Field Management Services
Landscaping
Water Management
Lighting
Access Conlrol
Roadway
Irrigallon
Capital Ouliay
Tax Collector
Property Appraiser
Revenue Reserve/Contingency
Total Expenditures
ERU's
Assessment Levy
Assessment Billed to County
Totai ERU's
3283,54
40
3323,54
1,22%