Backup Documents 06/27/2023 Item #16C 1 16C 1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
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 Attorney Office no later than
Monday preceding the Board meeting. ,�,_�� �J�,,,,
**NEW** ROUTING SLIP �O
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already mpl a with the exception
of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Dat
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l. �� mct� Ito\�c. �ik�-�i�e.S A� 3
Abi�
3. County Atto y Office County Attorney Office I
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4. BCC Office Board of County
Commissioners 1L 4I/PO,kl (�12///,3 .
5. Minutes and Records Clerk of Courts Office1/Iti° / ( /I•N441,
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 n \ \ vy,e_Le n,r\ Phone,Numb,er
Contact/ Department p�1[�\�C �{�\�-\-�LS C�J t es r1o�"(pal
Agenda Date Item was (( r�11 Agenda Item Number
Approved by the BCC `Q — d 3 \ ( ' C �.
Type of Document Number of Original
Attached C‹.Y1-1.enk- Documents Attached T1 IJOQ-
PO number or account
number if document is a to '
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? (�(�
2. Does the document need to be sent to another agency for additional signatures? If yes,
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
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.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's Nr ,
signature and initials are required. ‘`w
7. In most cases(some contracts are an exception),the original document and this routing slip
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 and all changes made during in°'is not
the meeting have been incorporated in the attached document. The County option for
Attorney's Office has reviewed the changes,if applicable. is line.
9. Initials of attorney verifying that the attached document is the version approved by the IA is not
BCC,all changes directed by the BCC have been made,and the document is ready for the i an option for
Chairman's signature. this line.
INSTR 6426302 OR 6266 PG 2206 -
RECORDED 7/10/2023 10:19 AM PAGES 7
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$61.00
1 G c 1
AGREEMENT TO PROVIDE
POTABLE WATER,WASTEWATER AND IRRIGATION QUALITY WATER UTILITY
SERVICES
TO BELLMAR VILLAGE
L
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this 27r day of
-Tare- , 2023 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")
(collectively,the"Parties").
RECITALS:
WHEREAS, Section 163.01(4), Florida Statutes, the Florida Interlocal 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, wastewater. and irrigation quality water 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,wastewater and irrigation
quality water 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, the Parties previously entered into an Agreement to Provide Potable Water and
Wastewater Utility Services dated June 8, 2021 and recorded on June 15, 2021 at OR 5964, Page 1671,
which Agreement is being replaced in its entirety with this Agreement; 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:
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The foregoing recitals are true and correct and are incorporated herein by this reference.
2. The Landowner and/or subsequent developers shall construct and pay for potable and irrigation
quality water mains and wastewater facilities within the Bellmar Village development including,
but not limited to, gravity sewers, force mains, wastewater pump stations, wastewater community
pump station, and irrigation quality water mains within the Bellmar development 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 District shall, as shown on Exhibit B, upsize and construct the potable water and wastewater
transmission main from the utility site to the Bellmar POC so that sufficient flows are available to
service Bellmar Village. The District will also construct the irrigation transmission main from the
utility site to the Bellmar POC to serve the Bellmar Village's demand. The improvements shall be
completed in accordance with the development schedule defined in Exhibit A.
4. The CCWSD agrees to reimburse the District for the cost of upsizing the potable water and
wastewater transmission main and for the cost of the irrigation transmission main from the utility
site to the Bellmar POC,as identified in Exhibit C. The CCWSD shall reimburse the District in an
amount not to exceed $6,109,350, which reimbursement shall he made within 60 days after final
acceptance of the infrastructure.
5. The CCWSD agrees to provide the necessary potable/fire water design flows at a minimum
pressure of 60 psi in the potable water system at the utility site. The developers, through their
design(s), will size their system(s)as required.
6. The CCWSD agrees to provide a wastewater system head value of 60 psi for the projected
wastewater flows at the utility site.
7. The CCWSD agrees to provide the necessary irrigation quality water design flows at a minimum
pressure of 60 psi in the IQ water system at the utility site.
8. The Landowner will require all developers in Bellmar to install an internal IQ system to serve
residential areas and the Village Center in accordance with the LDC to the Bellmar POC.
9. The CCWSD will install IQ meters and manage and bill residents based on their IQ water
consumption at the CCWSD Board approved IQ rates for the IQ service provided regardless of the
CCWSD's water source(s). The Landowner shall pay for the cost of the IQ meter installations by
the CCWSD.
10. The Landowner within Bellmar Village agrees to pre-pay water and wastewater impact fees to the
CCWSD without expiration (the "prepayment"). Landowner shall reserve water capacity
equivalent to 650 ERCs and wastewater capacity equivalent to 350 ERCs.
11. 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.
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b. All required and non-appealable permits from the South Florida Water Management
District or any federal or state regulatory authorities for the first phase of development.
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 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.
12. 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 quality
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.
13. The Agreement to Provide Potable Water and Wastewater Utility Services dated June 8, 2021 and
recorded on June 15, 2021 at OR 5964, Page 1671, is hereby repealed and relaced in its entirety
with this Agreement.
14. 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, Florida 34108.
15. 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.
16. 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 whose signature appears thereon and
all of which shall together constitute one and the same instrument.
17. RECORDING. This Agreement shall be recorded in the Public Records of Collier County. The
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County shall be responsible for recording the same.
IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year
first written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST. \ COLLIER COUNTY,FLORIDA
Crystal Kinzel. Clerk ,
620 BY:
Clerk �, Rick LoCastro,Chainnan
Attest as to Chairman's
= signature only
Approved as to form and
Lega ty:
So Ahk -. ,�
Assi t ounty Attorney a,\�j
(211
ATTEST: BIG CYPR SS STEWARDSHIP I T
t (4..
By:
Printed Name: Patrick . Utter, President
ATTEST: COLLIER LAND HOLDINGS,LTD.
By: TARPON BLUE CE MANAGEMENT,
LLC,Its Sole General Partner
By: r
__ e
Printed Name: Christian Spilker, President& CEO
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47th Ave NE
45th Ave NE
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33rd Ave NE
31st Ave NE A
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29th Ave NE co
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27th Ave NE (1,3
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22nd Ave NE m
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UTILITY LINE ASSOCIATED WITH
loth Ave NE TOBC (NORTH)
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18th Ave NE
16th Ave NE SA A �. UTILITY SITE
0
14th Ave NE Ca
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12th Ave NE cn
Future Vanderbilt Extension I
10th Ave NE 1 ( Town of Big Cypress (South) 80' ROW
8th Ave NE Utility Mains Serving
,; Bellmar Village
6th Ave NE 1
BELLMAR POC
4th Ave NE , Bellmar Village
‘ 1
2nd Ave NE
LEGEND
Golden Gate Blvd E
,f *1 POC
2nd Ave.SE �� _ __ UTILITY MAINS ROUTE
4th Ave.SE r-- --- UTILITY MAINS ROUTE
ASSOCIATED WITH
6th Ave.SE TOBC (NORTH)
8th Ave.SE
Collier County Utility Agreement - Bellmar Exhibit (B)
13206ME03.dwg REV 12.10.22 CAO
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N u. ARBER&
::C:::' RUNDAGE INC.:................... .. ..i..-
EYIII BIT C
Bethnal-Utility Service
Cost Comparison
March 202.3
Concept:Previously.16"transmission mains were to run along Big Cypress Parkway to Golden Cate Routers,d by Collier County.Smaller local service lines were to also run in she interior
rood of The Town(Scenario 1).flown er she current plans are for The Town and Bellntar to be served via 16"mains that will estcnd solely through the interior road of The Town(Scenario 2)
and not through BCP.The Bello ar cost comparison breaks down the difference in coats for the pipes south of the xlility site,«lacing to the interior road of The Town.The mains along BCP
me not included in This cost comparison(Scenario IL The cost of irrigation accounts for the addimnal mains that will be required to serve Betlnsar whidt runs front the utility site to Golden
Cate Boulevard.
Scenario I(Old) Scenario 2(New)
Description Unit►rice Quantity Unit Cost Quantity Unit Cost
6"PVC WM S105 6.800 LF S71304) - I.F. -
6'GV SI100 10 EA S111.000 • EA -
S"PVC WM S60 2.250 LF f135)010 - I.f -
rotsbleWaler 6'GV S$600 3 EA $16.600 - EA - _
16"PVC WM f200 LF 9.100 LF SL6>_amxl
16'GV $19,900 - EA - 14 EA 5276 MN1 PW CosLPE
Sub-Total fJJi,l00 Suh-Tool S2,098,600 51,214,0011
Description Unit Price Quantity Unit Coat Quantity Unit Cost
6'PVC FM SS5 350 II S29.750 - LF -
Wastewater 16'PVC FM S210 - LF - 9.100 I.F $1911.100
16'Plug Vatic 513.450 - EA 14 EA 5156.311) W W Cost Diff.
Suh-76tn1 J29.750 Sub-Total 52,099.300 S2,069 550
Total Cost 5913,550 Total Cost 54,197,900
Description Unit Price Quantity Unit Cost
12"PVC Irrigation Main SI50 11,000 LF S1650,000
12'Gatc Valle S6.900 2 EA S13,600
Ilrigtbq Venal Deflection S1.100 23 EA 5202.50n
ARV S4.640 30 EA $232000
Sub-Total S2,0 8.300
(Ore Work` Description Una Price Quntor Unit Cost
Pnuhie\Valor 16"PVC WM MO 1.900 LF S310,000 Previous Version,
16"GV 319,9011 2 LA $39,600 December 2022-$6,329,350-
12"PVC FM SI55 1.9)0 EA S294.500 (•)truncatesprevious"Belhnar'Total email-wmen
Wastewater 12"Plug Vahx S6.200 2 EA S12,400 inewded cost associated wnh Fiber Optics a Pull
Sid-Tofel $126.700 ram.
Total Cost Differential S3,284,350
CCWSD total reimbursement $6,109,350 Irrigntion S2,098.300
New A\orb• $716,700
Bellmar Tout Credit S6,109,350
`Toe pips ice cod ix ran stair,.re Ina....Tau weal Ant there,ra,.a pipe in the lucrirn in.Scenario 1 Araorer 6 repoird in.ecrnria 2 69re exhibit foe aAdniend/ne.hn)
This Opinion of Probable Cost IOPCI has been prepared by Agnoli.Barter G Brundage.Inc(ABB)at the request of the owner or as a requirement of goiemmentat agency.ABB has based the unit costs of
this OPC on previous work history with slmiln projects or on values provided by reputable canttactos we have worked with in accordance with F.A.C.61G-1513.011,this is not a guarantee or warrants
expressed or invited as to the construction cost that may be obtained by owner using conipetitise bidding If such a guarantee is needed.it a recommended that owner procure dm son ices of a professional
cost estimator or obtain a binding bid I'mm a contractor.
(AP t