Backup Documents 09/15/2009 Item #16E 8
10 rAec.. O"'?;o 1D
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 E 8
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE
i'rinl (111 pl11k papl'J 1\t1~I(h 10 ()fi~il1al d"':lII1KIH ()ri~'.III,d d(',:Wnl~jlh \hould be Iland lk'ii\cr~~d 11' Ill<: i)u,Jid 1 Jlfl,x I ill' C:illllpkll.:d [()uiing slip ,ml! (\rigina!
dU,-lIlllCl1h ~IIL h' h~' l(.f\\'ardcd lillll'~ H(l;!rd \ lfli,:v iHlh afh'~' UK I{dilld has lat..c,. '1ditlll <Ill th: :(,'TlI I
ROUTING SLIP
Complete routing Jines # 1 through #4 as appropriate for additional signatures, dates. and/or infomlation needed. If the document is already complete with the
exccntion of the Chairman's sie.nature, draw a line throullh routing lines # I through #4, comolctc the checklist, and forward to Sue Filson line #5)
Route to Addressee(s) Office Initials Date
(List in routin2 order)
I. ~.._,~_~~m.._"_______ _ .---- ... ..._~- ------ ----~ ------ ---"
2. --.-.-- -----....----.-- --.-- - --. ---------. .-._.._._._-~ -----.- ~_.__.,.~.
3. _..._,_.__......_--~..-..__._-- __n_. ""---------.- .. ---...- ----- --
4. _._--_..~..__.._.....-- ..-----.------. ... _.__..___._.u I ----
----
5. Ian Mitchell, Suoervisor Board of Count v Commissioners I JA- IO/ln /Oft
6. M ioutes and Records Clerk of Court', Office i
,
I
PRIMARY CONTACT INFORMATION
(The primary contact is the holder oflhc original document pending Bee approval. Normally the primary contal.1 is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, nced to contact staff for additional or missing
int(mnalion. All original documents nceding the BeL' Chairman's signatun: are to he delivered to the Bee oflice only after the Bee has acted to approve the
item)
Name of Primary Staff Henry Jones, Project Manager, Facilities Phone Number (239) 252-8380
Contact Management
Agenda Date Item was September 15, 2009 Agenda Item Number 16.E.8
Approved bv the BCC
Type of Document lnterlocal Agreement Number of Original I
Attached Documents Attached
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Aoolicable)
I. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signaturc pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from HJ
contracts, agreements, etc. that have been lully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly Stale OffiCials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other nanies except the Bce Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final negotiated contract date whichever is applicable. HJ
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's
sil!.nature and initials are required. HJ
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the Bee office within 24 hours of Bce approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain HJ
time frame or the Bce's actions are nullified. Be aware ofvour deadlines!
6. The dncument was approved by the BCC nn 9/15/09 and all changes made during N/A is not
the meeting have been incorporated in the attached document. The County Attorney's HJ an option for
Office has reviewed the chaUl!es, if applicable. line 6.
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS OnginaI9.03.04, Revised 1.26.05, Revised 2.24_05
04.COA-Ot0231274
INSTR 4470066 OR 4600 PG 1902
RECORDED 9/1/2010 847 AM PAGES 7
DWIGHT E BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $6100
INTERLOCAL AGREEMENT
BETWEEN COLLIER COUNTY
LEL Y RESORT, PHASE TWO, PART OF TRACK "B"
16E8
. . THIS INTERLOCAL AGREEMENT (the "Agreement") is made this IS day of
,5ep- rem lJt'v ,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").
WITNESSETH:
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, located 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 COD 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 Calculatina the Annual costs to the COUNTY. The Countv is solelv
responsible to pav 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
16E8
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
COD Services related to providing irrigation water to the Property. The COD
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. Responsibilitv 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
COD 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 COD main.
5. Term of Aareement. 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. Riaht 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 COD agree to comply with all federal,
state, and local laws that may be applicable from time to time.
16E8
10.Amendment. This Agreement may not be changed, modified, or amended,
except in writing by an instrument executed by the parties hereto.
11. Severability. 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-class mail, return receipt requested to:
As to the COD:
Lely Community Development District
Attn: Neil Dorrill, 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, Florida, in
accordance with Section 163.01 (11), Florida Statutes.
16E8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day first written above.
ATTEST:
ATTEST:
DWIGHT E.BROCK, CLERK
tteSt
',"r.,1qr~',~t.w. \:~~} ~
Approyal as to!ftlfi'n and legal Sufficiency:
~'"bh)~
Jenni . White
Assistant County Attorney
BOARD OF SUPERVISORS OF THE
LEL Y COMMUNITY DEVELOPMENT
DISTRICT
By:
Name:
Title:
t.=;-z......
BOARD OF COUNTY COMMISSIONERS
OF COLLlERnOUNTY, FLORIDA
By: ljJ~n~ d~
DONNA FIALA, Chairman
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OR: 2821 PG: 0688
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EXHrBIT '11
'Paoa I of 'L
Legal Description being a part of Trad 'B',
L ely Resort Phase Two, Plat Book 18, pages
43- 45, Collier County, Florida
20 Acre Parcel
All that part of Tract "B" Lely Resort Phase Two, Plat Book 18, pages 43- 45 of the Public
Records 0' Collier County, Florida, being more particularly described as follows:
Commendng at the northwest comer of said Tract "8";
thence along the north line of said TraC: "B" North 88'03'44' East 819.41 teet 10 the Paint ot
Beginning of 20 acre parcel:
thence contlnue along the north line of said Tract '8" North 88'03'44' East 849,89 feet 10 a
point Olllhe East line of said Tract '8";
thenca along said line South 04'03'03' West 763,95 feet to the south line of said Tract "8':
thence along said line 'OUthwesterly 281.47 feet along the arc of a non-tangential circular
curve concave southeasterty having a radius of 1474.86 feet through a central angle of
10'56'05" and being subtended by a chord which beara South 60'31 'OS' West 281,05 feet
thence continue along said south line South 55'03'03' West 786,19 feet:
thena> leaving said line North 04'03'03" East 1325.30 feet to the Poinl of Beginning;
Subject to easement. and restrictions of recotd.
Containing 20 acres more or le.s.
Bearings are based on the north line of Tract "8" being North 88'03'44' East
Certificate of authorization #lB-43.
WII.onMlller, Inc.
Registered Engineers and Land Surveyors
~
P. Maloney, P.S,M.
Date 5" IS .2aX)
ef, 2G-1025, sheet 1
No valid unle.s embossed with the Professional's seal.
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16E8
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 01 the County
Lely COO will provide water management services and irrigation supply services.
In addition, the Lely COO 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 Bare 40,
The Total ERU's in the FY 2008 budget are 328354.
County's percentage of ERU's ;:; 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 olthe ERU's to determine the annual 0 & M assessment attributable to the County.
ERU's
Audited FY 2008 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 perunit
I $4,235.37 I
Interest Income
Disposition of Fixed Assets
Other Miscellaneous Revenues - Special Assessment Direct Bill
Special Assessment Levy
Professional & Administrative
Field Management Services
Landscaping
Water Management
Lighting
Access Control
Roadway
Irrigation
Capital Outlay
Tax Collector
Property Appraiser
Revenue Reserve/Contingency
Total Expenditures
Assessment Levy
3283.54
Assessment Billed to County
Total ERU's
40
3323.54
1.22%