Backup Documents 06/08/2021 Item #11F ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 1 F
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorne Office no later
than Monday preceding the Board meeting. n _ __
**NEW** ROUTING SLIP K eCtiOI ZO I
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is aReekly plet with the
exception of the Chairman's signature,draw a line through routingf Ines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2. Risk-Management Risk-Management
3. County Attorney Office County Attorney Office b
4. BCC Office Board of County +�
Commissioners �Q�'v1
5. Minutes and Records Clerk of Court's Office
(rtVIA Clagfet°1
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Joe Bellone/PUD Phone 239-252-2351
Contact/ Department
Agenda Date Item was „Nay-at-2021 Agenda Item Number 11 F
Approved by the BCC (0 _ -
Type of Document Interlocal Agreement with Collier County Water- Number of Original
Attached Sewer District to provide potable water and Documents Attached
wastewater utility services to the Bellmar Village
in the Big Cypress Stewardship District
PO number or account 408-210111-649030
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature?STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable. T�
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on May 11th,2021 and all changes made his not
during the meeting have been incorporated in the attached document. The County option for
Attorney's Office has reviewed the changes,if applicable. line.
9. Initials of attorney verifying that the attached document is the version approved by the is not
BCC,all changes directed by the BCC have been made,and the document is ready for th t 1 options
Chairman's signature.
1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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AGREEMENT TO PROVIDE
POTABLE WAIT Ft,ANDWASTEWAl1R UTILITY S ERVICE S
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this
day of 5ud , 2021 by and between the Board of County Commissioners of
Collier County, Florida, acting ex-officio as the Governing Board of the Collier County Water-
Sewer District (hereinafter referred to as the "CCWSD"), the Board of Supervisors of the Big
Cypress Stewardship District(hereinafter referred to as the"District"),and Collier Land Holdings,
Ltd. (hereinafter referred to as "Landowner").
RECITALS:
WHEREAS, Section 163.01(4), Florida Statutes, the Florida lnterlocal Cooperation Act •
of 1969 (the "Act"), authorizes the joint exercise of any power, privilege or authority that the
public agencies involved herein might exercise separately;and
WHEREAS, the CCWSD and the District are public agencies within the meaning of the
Act and desire to engage in the joint exercise of power that each might exercise separately; and
WHEREAS, the CCWSD provides water and wastewater service (collectively known as
"utility services"), in an economical and environmentally beneficial manner to much of the
unincorporated area of Collier County; and
WHEREAS,the District also has statutory authority to provide utility services within the
District, but intends to authorize the CCWSD to provide utility services within certain designated
areas of the District; and
WHEREAS,the CCWSD's service boundaries encompass the District; and
WHEREAS, the CCWSD shall incorporate certain designated lands and property within
the District into CCWSD's service area to exclusively provide retail potable water and wastewater
utility services in the same manner and pursuant to the same ordinances and policies as CCWSD
currently provides service to all other customers located throughout the unincorporated service
area of Collier County, Florida; and
WHEREAS,the District acknowledges the CCWSD's right to offer utility services within
the District and further authorizes the CCWSD to exclusively provide utility services inside a
portion of the District's jurisdictional area known as Bellmar Village; and
WHEREAS, this Agreement is intended to reduce to writing the terms and conditions
between the CCWSD, the District and the Landowner as to the exclusive provision of utility
services by the CCWSD within the Bellmar Village area of the District.
NOW,THEREFORE,the CCWSD,the District and the Landowner agree as follows:
1. The foregoing recitals are true and correct and are incorporated herein by this reference.
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INSTR 6077515 OR 5964 PG 1671 CAO)
RECORDED 6/15/2021 8:36 AM PAGES 7 �_.../
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$61.00
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2. The Landowner shall construct and pay for potable water mains and wastewater facilities
within the Bellmar Village development including but not limited to gravity sewers, force
mains and pump stations and a community pump station and convey such facilities to the
CCWSD in the manner provided in the applicable CCWSD policies and County
ordinances, including but not limited to Ordinance No. 2004-31, as amended, otherwise
known as the Collier County Utilities Standards and Procedures Ordinance (the "Utilities
Standards Ordinance"), all of which as may be amended by the Board of County
Commissioners from time to time. Upon final acceptance of facilities, CCWSD shall be
responsible for maintenance and operations of such accepted facilities.
3. The CCWSD shall construct potable water transmission mains and wastewater force mains at
the Bellmar Point of Connection (POC) which shall be available to serve Bellmar Village's
demand in accordance with its development schedule as defined in Schedule A. The POC shall
be as defined on Schedule B.
4. The CCWSD agreed to provide the necessary potable/fire water design flows at a minimum
pressure of 60 psi in the potable water system at the POC by September 30, 2024. The
developers, through their design(s), will size their system(s) as required.
5. The CCWSD agrees to provide a wastewater system head value of 60 psi for the projected
wastewater flows at the POC by September 30, 2024.
6. The Landowner agrees to provide the IQ water distribution system and supply system for
the Village.
7. The Landowner will require all developers in Bellmar to install an internal residential IQ
system to serve residential areas and the Village Center in accordance with the LDC.
8, The Landowner within Bellmar Village agree to pre-pay water and wastewater impact fees
to the CCWSD without expiration (the "prepayment"). Landowner shall reserve water
capacity equivalent to 650 ERC's and wastewater capacity equivalent to 350 ERC's in
advance.
9. The prepayment shall be due no later than thirty (30) days after Landowner's receipt and
acceptance of:
a. An approved and non-appealable SRA for the Bellmar Village development.
b. All required and non-appealable permits from the South Florida Water
Management District or any federal or state regulatory authorities.
c. The prepayment shall be at the then current CCWSD Board approved rates for
water and wastewater impact fees: The credit for water and wastewater impact fees
identified herein shall be reduced by 50% of the prepayment per ERC for each
2 `CAO
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residential unit on a building permit issued thereon until the development is either
completed or the credits are exhausted or have been assigned as provided for in the
Collier County Impact Fee Ordinance. The developer shall be responsible for any
difference between the prepayment amount per ERC and the rate in effect at the
time of building permit application submittal.
10. This Agreement shall remain in effect until terminated by the CCWSD, the District or the
Landowner. Any party may terminate this Agreement,with or without cause,by providing
written notice to the other parties prior to the date that either the CCWSD,the District or
the Landowner commit any affirmative act to construct or provide potable water,
wastewater or irrigation water utility service within the District, including but not limited
to entering into an agreement hiring a contractor or a consultant to provide utility
construction-related services in furtherance of this Agreement. Any attempt to terminate
the Agreement once any party has incurred any expense in furtherance of fulfilling its
duties under the Agreement,without the express written consent of the other parties, shall
be considered a nullity. Termination shall be effective one hundred eighty(180)days after
receipt of said written notice.This Agreement may be amended from time to time upon the
written consent of all parties. Any amendment to the Agreement must be in writing and
must be executed with the same formalities as this original Agreement.
11. NOTICES. All notices required under this Agreement shall be directed to the following
offices:For the County: Office of the County Manager,3335 East Tamiami Trail Suite 101
Naples,Florida 34112.For the District/Landowner:Patrick Utter,Collier Enterprises,Vice
President of Real Estate and Club Operations, 999 Vanderbilt Beach Road, Suite 507,
Naples, FL 34108.
12. INDEMNIFICATION. To the extent allowed by law, each party agrees to indemnify,
defend and hold harmless the other, its officers, board members, council members, agents
and employees from and against any and all fines, suits, claims, demands, penalties,
liabilities, costs or expenses, losses, settlements, judgments and awards and actions of
whatever kind or nature, including attorney's fees and costs (and costs and fees on appeal)
and damages (including,but not limited to,actual and consequential damages) arising from
any negligent, willful or wrongful misconduct, knowing misrepresentation or material
breach of this Agreement by such party, its officers, board members, council members,
agents or employees. The foregoing indemnification shall not constitute a waiver of the
CCWSD or the District's sovereign immunity beyond the limits set forth in Florida
Statutes, Section 768.28, nor shall the same be construed to constitute agreement by any
party to indemnify another party for such other party's negligent,willful or intentional acts
or omissions.
13. COUNTERPARTS.This Agreement may be executed in any number of counterparts, each
of which shall be deemed to be an original as against any party who signature appears
thereon and all of which shall together constitute one and the same instrument.
14. Recording.This Agreement shall be recorded in the Public Records of Collier County. The
County shall be responsible for recording the same.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first written above.
,,n . , BOARD OF COUNTY COMMISSIONERS
ATTEST; ' Op COLLI' ' A:, NTY,FLORIDA
Crystal Kinzel, Cler.k.... op 411V
.T-A' BY: a1A19
Jerk Penny Taylor, Chair
Attest as to Chairman' _
signat re oni'
Approve•; :s to •rm d
legal suffaier, y //I
i, Gl
,iii
Aida,
Jeffrey A. I,atzko 1, County Attorney
4
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ATTEST: BIG CYPRESS STEWARDSHIP DISTRICT
0(J2- 0 , /
BY: /
vA % t Patrick L. Utter,President
ATTEST: COLLIER LAND HOLDINGS,Ltd.
U BY: 2�
\Iti.eq ()%ice Patrick L. Utter, Vice President
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