Backup Documents 04/23/2024 Item #11A Rco{c'''
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
„2,- TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 A
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Print o 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.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete 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 Date
1.
2.
3. County Attorney Office County Attorney Office
K(.4 s(1
4. BCC Office Board of County
Commissioners Gfl /f sl c/z/ i
5. Minutes and Records Clerk of Court's Office ( l 1
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ill
PRIMARY CONTACTf
INFORMATION l
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 Phone Number
Contact/ Department .1esPi. /3...L� Z32 -6°28
Agenda Date Item was Agenda Item Number
Approved by the BCC VAVeY 28 y 2br `\A
Type of Document !� ���4 Number of Original
Attached 'J Documents Attached 1
PO number or account
number if document is 4-ioo& -2I Ill - 6`190 ao
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)
I. Does the document require the chairman's original signature? ly
2. Does the document need to be sent to another agency for additional signatures? If yes, :t,
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
signature and initials are required. Ifr
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.
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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 WZ3/Cif and all changes made during N/A is not
the meeting have been incorporated in the attached document. The County �1if an option for
Attorney's Office has reviewed the changes,if applicable. Y this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the PV an option for
Chairman's signature. �` this line.
INSTR 6542621 OR 6357 PG 501
RECORDED 5/7/2024 9:24 AM PAGES 5
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$44 00
Form 1 -Rev.2004(Interim Facilities/System Agreement;
POTABLE WATER and WASTEWATER INTERIM 1 1 N
FACILITIESISYSTEM AGREEMENT /
THIS AGREEMENT is made and entered into this 2 3�d 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
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performance under this Agreement;greement:and
WHEREAS, all Parties to this Agreement acknowledge and agree that the decision as to whether or
not anv off-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 facilities, 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.
WITNESSETH:
NOW, THEREFORE, in consideration of the covenants hereinafter contained the Parties agree as
follows:
I_ RECITALS INCORPORATED. The above Recitals are true and correct and shall be incorporated
herein.
2. 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 system 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.
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3. 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.
4. 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.
5. CONVEYANCE OF INTERIM TREATMENT FACILITIES 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 Countv'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.
6. CUSTOMER TURNOVER. All customers 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.
7. SYSTEM DEVELOPMENT CHARGES SHALL BE PAID PRIOR TO PERMIT ISSUANCE.
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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. BINDING EFFECT. This Agreement shall be binding upon the Parties, their successors and
assigns.
IN WITNESS WHEREOF,the Parties have executed this Agreement as of the date and year first
above written.
AS TO COUNTY and the COLLIER COUNTY
WATER-SEWER DISTRICT:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K.KINZEL,Clerk COLLIER COUNTY, FLORIDA,on behalf of
Collier Coun , lorida and as Ex-Officio the Governing
Body oft of er Co n W to -Sewer District.
By' 4 4 By:
Attest to CAq 'clerk Ch all,Chairman
x signature only
Appro - .1/ form and legality:
411
Jeffrey 1. 1 n,.ow,County Attorney
[SIGNATURES CONTINUED ON NEXT PAGEI
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AS TO DEVELOPER:
Emmanuel Evangelical Lutheran Church of Naples, Inc.,a
Florida Not-For-Profit Corporation
WITNESSES: '
tii �,fin� A
(Signature) 2/
By:
'�n U Printed Name: Y;vT "llf�-
ID JU l�h Title:C��p �; p/
(PrintI V
full nam
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_/ _�(Signature)
/4w,V M.c$o(✓
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
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The foregoing instrument was acknowledged before me this dd5 day of f�Q(ZGt 2023, by
VIvi'An/�_ SI , . as (✓O.° of i-^,--,.i,ivt L L✓4r46-•34„.c•,c. (tjly/1,c0 b /`(1°" `14
is X personally known to me, or [ I has produced driver's license
number /'(f/. as identification.
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— — — NOTS' UBLI�
Notary Public Slate of Florida Name. �, t N A �� I
Re�ina Fidler q t e+�C.+
— _ My om/7 202n — rVf'
lu Exp.l3riiio2s My Commission Expires: 3/4/96
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