Agenda 04/23/2024 Item #11A (Potable Water and Wastewater Interim Facilities/System Agreement w/Emmanuel Evangelical Lutheran Church of Naples, Inc. and the BCC)04/23/2024
EXECUTIVE SUMMARY
Recommendation to approve a Potable Water and Wastewater Interim Facilities/System Agreement between
Emmanuel Evangelical Lutheran Church of Naples, Inc., and the Board of County Commissioners of Collier
County, Florida, acting ex-officio as the Governing Board of the Collier County Water Sewer District,
setting forth the terms and conditions for providing potable water and wastewater services. (Companion to
Items 9A & 9B)
OBJECTIVE: To approve a Potable Water and Wastewater Interim Facilities/System Agreement between the
Collier County Water Sewer District (the “District”) and the Emmanuel Evangelical Lutheran Church of Naples,
Inc. (the “Developer”) as to the provision of certain utility services.
CONSIDERATIONS: The Development area that the Developer is requesting utility services for the Emmanuel
Evangelical Lutheran Church of Naples, Inc. (the “Project”) is beyond the current planned expansion of District
infrastructure. Because it is not feasible: (a) for the Developer to extend the Project’s utility facilities to the
District’s system (via a utilities facilities extension agreement), or (b) arrange for interim service from another
utility or service provider, and (c) provided the proposed Interim Utility Facility/System is then a lawful use at the
Project site (in accordance with the County’s LDC and all applicable laws, ordinance, rules, regulations, and
relevant written agreements, if any), the Developer’s representatives may submit an application to the County
requesting authorization to construct an Interim Service Facility/System on the Project site by entering into an
Interim Facility/System Agreement. Each such Interim Facility/System Agreement must be executed by authorized
representatives of the Project to be served by the Interim Utility Facility and the Board as the Governing Body of
the District.
Collier County land development regulations require, and the Developer covenants and agrees, that it shall connect
any interim utility system serving the Project to the off-site utility system owned and operated by the County when
the County’s system has been extended to within two hundred (200) feet of the Project’s boundary, and the County
has determined that the off-site utility system has adequate capacity to serve the entire Project.
Upon connection to the County’s off-site utility systems, the Developer shall abandon, dismantle and remove from
the site the interim treatment facility. All costs related to this activity shall be borne solely by the Developer and
performed in accordance with Florida Department of Environmental Protection (“FDEP”) standards.
The Developer must convey easements associated with all infrastructure to the District pursuant to District
standards at the time of connection at no cost to the District. Easements shall be conveyed to the County at the time
of the Developer’s first SDP or PPL application.
The Developer will provide the District with a copy of the annual report provided to FDEP. If the District identifies
a Capital Improvement Program project that is funded in the 5-year work program and notifies the Developer of the
District’s intent to provide service, then the Developer will notify all of the property owners within the
Development and begin to set aside sufficient funds to complete the connection to the public system.
FISCAL IMPACT: There is no fiscal impact related to this action. However, if and when connected to the
District system, the impact fee and user fee rates will be set and charged by the District.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for
approval.-SRT
GROWTH MANAGEMENT IMPACT: This item meets current Growth Management Plan standards to ensure
the adequacy and availability of viable public facilities.
RECOMMENDATION: That the Board of County Commissioners, as Ex-officio the Governing Board of the
Collier County Water-Sewer District, approve a Potable Water and Wastewater Interim Facilities/System
11.A
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04/23/2024
Agreement between Emmanuel Evangelical Lutheran Church of Naples, Inc., and the Board of County
Commissioners of Collier County, Florida, acting ex-officio as the Governing Board of the Collier County Water
Sewer District, setting forth the terms and conditions for providing potable water and wastewater services. (This
item is a companion to items 28314 & 28373)
Prepared By: Joseph Bellone, Director, Public Utilities Finance
ATTACHMENT(S)
1. ECI ELC Interim Agreement signed Mar 25, 2024 (PDF)
2. Mission Subdistrict Aerial Overlay (PDF)
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04/23/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.A
Doc ID: 28428
Item Summary: Recommendation to approve a Potable Water and Wastewater Interim Facilities/System
Agreement between Emmanuel Evangelical Lutheran Church of Naples, Inc., and the Board of County
Commissioners of Collier County, Florida, acting ex-officio as the Governing Board of the Collier County Water
Sewer District, setting forth the terms and conditions for providing potable water and wastewater services.
(Companion to Items 9A & 9B) (Joe Bellone, Public Utilities Finance Director)
Meeting Date: 04/23/2024
Prepared by:
Title: – Public Utilities Operations Support
Name: Vincent Dominach
03/26/2024 7:32 AM
Submitted by:
Title: Division Director - Operations Support – Public Utilities Operations Support
Name: Joseph Bellone
03/26/2024 7:32 AM
Approved By:
Review:
Engineering and Project Management Anthony Stolts PUD Reviewer Completed 03/26/2024 8:53 AM
Public Utilities Department Vincent Dominach Level 1 Department Review Completed 03/26/2024 9:18 AM
Public Utilities Operations Support Joseph Bellone PUD Reviewer Completed 03/26/2024 4:03 PM
Engineering and Project Management Matthew McLean PUD Reviewer Completed 03/27/2024 4:31 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 03/27/2024 5:21 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 04/09/2024 8:22 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/09/2024 10:42 AM
Office of Management and Budget Blanca Aquino Luque OMB Reviewer Completed 04/09/2024 1:43 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/10/2024 8:39 AM
Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Completed
04/10/2024 11:49 AM
Growth Management Community Development Department James C French GMCDD Reviewer Skipped
04/16/2024 6:24 PM
County Manager's Office Ed Finn Level 4 County Manager Review Completed 04/17/2024 3:06 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/23/2024 9:00 AM
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Form 1 -Rev. 2004 (Interim Facilities/System Agreement)
POTABLE WATER and WASTEWATER INTERIM
FACILITIES/SYSTEM AGREEMENT
THIS AGREEMENT is made and entered into this day of April, 2024, by and
between Emmanuel Evangelical Lutheran Church of Naples, Inc., a Florida Not-For-Profit corporation
(hereinafter referred to as "Developer"), and THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS
THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT
(hereinafter referred to as "County"Xcollectively. the "Parties"). Developer is used as singular or plural, as
the context requires.
RECITALS:
WHEREAS, for the purposes of this Agreement the term "Developer" shall include the Developer,
the Developer's heirs, successors, and assigns, including, but not limited to, any wholly owned or
controlled subsidiary entity; and
WHEREAS, the Developer is the Owner of the Emmanuel Lutheran Church Community Services
CFPUD development (hereinafter the "Project"), and shall submit construction plans for an interim
potable water and wastewater treatment facility (hereinafter "interim treatment facility") to the County for
review and approval; and
WHEREAS, the Developer acknowledges and agrees that the Developer desires to provide on-site
interim utility systems to service the Project until such time as the utility systems within the Project may
be connected to the off-site utility systems operated by the County or District and the County systems
have adequate capacity to service the Project; and
WHEREAS, Collier County land development regulations require, and Developer covenants and
agrees, that the Developer shall connect any interim utility system serving that Project to the off-site utility
system owned and operated by the County when the County's system has been extended to within two
hundred (200) feet of the Project's boundary and the County has determined that the off-site utility system
has adequate capacity to service the entire Project; and
WHEREAS, the extension of the off-site utility system owned and operated by the County to
within two hundred (200) feet of the boundary of the Project shall be not required of the County as
11.A.a
Packet Pg. 147 Attachment: ECI ELC Interim Agreement signed Mar 25, 2024 (28428 : Recommendation to approve a Potable Water and Wastewater Interim
performance under this Agreement; and
WHEREAS, all Parties to this Agreement acknowledge and agree that the decision as to whether or
not any of-site utility system owned and operated by the County has the capacity to service the Project
shall be made solely by the County: and
WHEREAS, the Developer acknowledges its obligation to dedicate all facilitis, including all
appropriate collection, distribution and transmission systems or portion(s) thereof and appropriate
easements to the County prior to interconnection of the facilities/system to County or District's system;
and
WHEREAS, the Developer, or other successor entity satisfactory to the County, will maintain and
operate the interim facility and the associated on-site collection, distribution and transmission system(s) as
set forth herein below; and
WHEREAS, the Developer has previously accepted the terms and conditions set forth in this
Agreement as part of the County's review and approval of the Developer's land use petitions.
follows:
herein.
WITNESSETH:
NOW, THEREFORE, in consideration of the covenants hereinafter contained the Parties agree as
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RECITALS INCORPORATED. The above Recitals are true and correct and shall be incorporated
INTERIM FACILITY. The appropriate on-site treatment facilities, and collection, distribution and
transmission systems are to be constructed as a part of the proposed Project and shall be an interim system;
all utility systems or portion(s) thereof shall be constructed in compliance with all applicable State, Federal
and local standards, the Collier County Land Development Code (LDC), this Ordinance, as well as the
Utilities Standards Manual, and are to be owned, operated and maintained by the Developer, or other
successor entity satisfactory to the County, until such time as the County's off-site utility systems are
available to service the project. The interim system shall supply services to this Project only or, subject to
the County's approval, other adjacent or near-by lands owned by the Developer. The interim systenm may
not provide service outside the Project without the expressed written consent of the Collier County Water
Sewer District and only to the extent of such written consent.
2 (CAO
11.A.a
Packet Pg. 148 Attachment: ECI ELC Interim Agreement signed Mar 25, 2024 (28428 : Recommendation to approve a Potable Water and Wastewater Interim
DEVELOPER TO DISMANTLE INTERIM TREATMENT FACILITY. Upon connection to the
County's off-site utility systems, the Developer shall abandon, dismantle and remove from the site the
interim treatment facility. All costs related to this activity shall be borne solely by the Developer and
performed in accordance with FDEP standards.
3.
CONNECTION TO COUNTY'S UTILITY SYSTEM SHALL BE ACCOMPLISHED AT NO
COST TO COUNTY. The Developer shall, at no cost to the COUNTY, make connection to the County's
off-site utility system(s) within two (2) years of notification that such systems have become available. Costs
of connection shall include, whenever the County requires, but not be limited to, engineering design,
preparation of construction documents, permitting, modification or retrofitting of existing pumping
facilities, construction of new pumping facilities, interconnection with County off-site utility systems, any
transmission, distribution or collection lines necessary to make the connection and any required
environmental audits, including the expense of bringing the subject system(s) or portion(s) thereof into
compliance as well as any and all costs for clean-up, removal or remediation.
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NECESSARY FOR
CONNECTION TO AND OPERATION OF COUNTY'S OFF-SITE UTILITY SYSTEM(S). At which
time as the County's off-site system(s) becomes available for connection of the Project, all utility facilities
required by the County in order to make such connection shall be conveyed to the County in accordance
with County Ordinances, rules and regulations then in effect, together with all utility easements required
by the County. All construction plans and technical specifications related to the connection to the County's
utility systems shall be submitted to the County for review and approval prior to commencement of
construction. The COUNTY, at its option, may require conveyance of facilities internal to the project.
5.
6
CONVEYANCE
7
OF INTERIM TREATMENT
CUSTOMER TURNOVER. AIl custoners served on an interim basis by the utility system
constructed by the Developer shall become customers of the County at such time as the County's potable
water, non-potable irrigation water and/or wastewater systems become available to serve the Project and
such connection is made. Prior to connection of the interim utility system serving the Project to the County's
off-site utility systems, the Developer shall submit to the County a complete listing of customers served by
the interim utility system and shall not compete in any way with the County for the service of those
customers. The Developer shall also provide the County with a detailed inventory of the facilities served
within the Project, and cooperate fully in the expeditious transfer of any billing procedures.
FACILITIES
SYSTEM DEVELOPMENT CHARGES SHALL BE PAID PRIOR TO PERMIT ISSUANCE.
3 CAO
11.A.a
Packet Pg. 149 Attachment: ECI ELC Interim Agreement signed Mar 25, 2024 (28428 : Recommendation to approve a Potable Water and Wastewater Interim
The Developer shall be responsible for payment of all applicable system development charges in
accordance with Ordinance 2001-13, Section 74-303 D: Payment, as then amended or superseded. This
requirement shall be made known to all prospective buyers of properties for which building permits will be
required, and supplied in writing upon closing of such properties.
8.
assigns.
BINDING EFFECT. This Agreement shall be binding upon the Parties, their successors and
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date and year first
above written.
ATTEST:
CRYSTAL K. KINZEL, Clerk
By:
, Deputy Clerk
Approved as to form and legality:
Jeffrey A. Klatzkow, County Attomey
AS TO COUNTY and the COLLIER COUNTY
WATER-SEWER DISTRICT:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, on behalf of
Collier County, Florida and as Ex-Officio the Governing
Body of the Collier County Water-Sewer District.
By:
Chris Hall, Chaiman
[SIGNATURES CONTINUED ON NEXT PAGE)
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CAO
11.A.a
Packet Pg. 150 Attachment: ECI ELC Interim Agreement signed Mar 25, 2024 (28428 : Recommendation to approve a Potable Water and Wastewater Interim
WITNES^ES:
(Signature)
NMarcia Jaquith (Print full
(Signature)
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
number
The fop
as
AS TO DEVELOPER:
Notary Public $tate of Florida
Regina Fidler
Emmanuel Evangelical Lutheran Church of Naples, Inc., a
Florida Not-For-Profit Corporation
instrument was acknowledged before me this
My Commission HH 198780
Exp. 3/7/2026
By:
Printed Name: Yiyfai s
Title: Caif Qaeatin ofirer
of KawrL ÉNaNicae Choas Pui^D.
is A personally known to me, or [ ] has produced driver's license
as identification.
95day of MaRch 2023, by
Begiaa Lllen
ReginA NOTTY RUBLIG Name:
My Commission Expires:
Frdlee
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name)
11.A.a
Packet Pg. 151 Attachment: ECI ELC Interim Agreement signed Mar 25, 2024 (28428 : Recommendation to approve a Potable Water and Wastewater Interim
11.A.b
Packet Pg. 152 Attachment: Mission Subdistrict Aerial Overlay (28428 : Recommendation to approve a Potable Water and