FPL Easement Project #542611
Memorandum
TO:
FROM:
Minutes & Records Management
Sue Zimmerman ~
Property Acquisition Specialist U ()
Real Property Management
DATE:
July 28, 2008
GOLDEN GATE LIBRARY EXPANSION - FP&L Easement
Project No. 542611
Agenda Item 16E5, April 8, 2008
RE:
Please find enclosed a copy of the following recorded documents for the above referenced
project:
1. Water and Wastewater Utility Infrastructure Conveyance and Service
Agreement between FGUA and Collier County;
2. Utility Easement from Collier County to FGUA; and
3. Bill of Sale from Collier County to FGUA.
Also enclosed for your reference is a copy of an email from Faith Doyle of FGUA advising of
their policy to maintain a proper chain of custody.
Please contact me if you have any questions or comments at Extension 2622.
Thank you.
4175811 OR: 4368 PG: 0591
RICOROID In OFFICIAL RICDRDS of COLLIIR COUNTY. FL
06/09/2008 at 11:13AM DWIGHT I. IROCr, CLIRr
RIC FII 86.50
Retn:
FGUA DFIRATIONS OFFICI
280 WIKIVA SPRINGS RD '2000
LONGWOOD PL 32779
WATER AND WASTEWATER UTJUTY INFRASTRUCTURE
CONVEYANCE AND SERVICE AGREEMENT
-tV1 M'
THIS AGREEMENT made and entered into this n day of C{ ~, 2008, by
and between the Florida Governmental Utility Authority, a legal entity and pub IC body created
by interlocal agreement pursuant to section 163.01(7), Florida Statutes ("FGUA"), and
COLLIER COUNTY, a politicai subdivision of the State of Florida (hereinafter referred to as
"Developer").
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration exchanged amongst the parties, the parties hereto
covenant and agree that the above recitals are true and correct and further covenant and
agree, each with the other as follows:
ARTICLE I
The Developer as a party to this Agreement hereby covenants and agrees as follows:
1. To construct all lift stations and other pumping facilities in accordance with
the FGUA's standard details, including the provision of telemetry.
1
Project: GOLDEN GATE LIBRARY EXPANSION
o1.c07.:t.~1l
OR: 4368 PG: 0592
2. To construct in accordance with all FGUA pOlicies all the necessary water and
wastewater facilities within the Property and the adjacent ROW necessary to provide potable
water and wastewater collection services to the Project.
3. That the construction of the water distribution and wastewater collection
facilities shall be in accordance with plans, specifications and engineering data prepared by
a Florida registered professional engineer and approved by all appropriate regulatory
agencies and the FGUA's authorized representatives. Said water distribution and wastewater
collection systems shall be connected to the FGUA's existing systems at the points as
specified by the FGUA's authorized representatives and as agreed by both parties. Any
deviation from the approved pians and specifications shall require the prior approval in
writing of the FGUA's Director of Engineering, Operations and Planning or his authorized
representative.
4. To retain the services of a Florida registered professional engineer for the
purpose of providing necessary inspection and supervision of the construction work to insure
that construction is at all times in compliance with accepted sanitary engineering practices
and approved plans and specifications.
7. To grant t e
work site at all times for th (i5lJ
t"'
8. To notify th
inspections will be required.
by the FGUA at least forty-eigh
inspections required,
5. To provide shop drawings
equipment to be installed for FGUA approv
drawings, plans and specifications
ce t the materials and the
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F~
n and at the time when
riting and shall be received
e construction will begin or
10. The Developer, during the warranty period, shall promptly correct defective
work upon notification by the FGUA. Should the Deveioper fail to do so within seven (7) days
after written notice, the FGUA may correct and remedy any such deficiency. All direct and
indirect costs of the FGUA shall be charged against the Developer.
11. The Developer's obligation to perform and complete the work in accordance
with this Agreement shall be absolute. Neither any act of acceptance by the FGUA nor any
failure to do so will constitute a release nor waiver of the Developer's obligation to comply
with all requirements set forth in this Agreement.
12. The FGUA shall not be required to provide water or wastewater service,
except for construction water, to any area encompassed under this Agreement unless utility
installation in that area has been completed, tested, certified, approved and accepted by the
2
Project: GOLDEN GATE LIBRARY EXPANSION
oT-9l::t'I<GP
OR: 4368 PG: 0593
FGUA, and the Developer has provided as-built drawings and related documentation. Should
construction water be required, the Developer shall pay at the current rate charged to
commercial customers in the service area. All construction water shall be metered.
13. To the extent authorized by Section 768.28, F.S., to indemnify and hold
harmiess the FGUA from any and all liabilities incurred by the construction and development
of the water and/or wastewater systems to service the Project including all contractors and
subcontractors.
14. To pay all FGUA Capacity Impact Fees, physical connection charges and all
other FGUA fees and charges, after the computation of credits, if any, as provided in FGUA
resolutions, policies and procedures.
15.
affecting the
problems.
To fUlly remedy and correct at the Deveioper's sole expense any title defects
FGUA's rights, incorrect easements, faulty legal descriptions or other such
ARTICLE II
pumps and meters within gr nt
release or subordination 0 m
thereon.
of the work required to be done,
1. Convey to the FG
Utility Easement, In a form sati
ea h mortgagee and lienor a
t easement and fixtures
2. Transfer in ~
and interest in and to all 0 IrFl
pipes, valves, meters and e
identified in Exhibit C attach
prepared pursuant to precedin
service within the Property, The 61
the cost of the installations due unde
o e Developer's right, title
water and wastew ins, pumps, connection,
ent installed with' ments and rights-of-way,
to, as provided fo s and specifications to be
1) for the purpo Ksy plying water and wastewater
;.:.:.i.~ ~~.eontractor's certifications stating
.~~
3. Furnish the FGUA with an Attorney's Affidavit (or title policy in the amount of
at least $10D,OOO) confirming the Developer's ability to convey the items outlined in the
previous two paragraphs.
4. Furnish the FGUA with an Owner's Affidavit confirming that all persons, firms
or corporations who furnished labor or material used directly or indirectly in the prosecution
of the work required to be performed by this Agreement have been paid in full.
5. Furnish the FGUA with Releases of Lien from all contractors and suppliers of
materials and/or labor who might have acquired an interest in the installations by the
supplying of materials and/or labor or otherwise.
6. Furnish the FGUA with an Owner's Waiver and Release releasing all liens
which the Developer might have on the works/installations.
3
Project: GOLOEN GATE LIBRARY EXPANSION
OJ,Q7~
OR: 4368 PG: 0594
7. Furnish the FGUA with all manufacturers' warranties which the Developer
might have received or is due to receive on any part of the installations.
8. Furnish the FGUA with a satisfactory Contractor's Letter of Warranty, letter of
credit or security bond guaranteeing installation pursuant to this Agreement against defects
in materiai, equipment or construction for a period of not less than one (1) year from date of
acceptance of same by the FGUA,
9. Furnish all other items outlined in the Developer Conveyance Checklist as
subsequently determined to be required by the FGUA staff after review of the Project plans. A
copy of the Developer Conveyance Checklist, with initially identified required items resulting
from the preliminary review of the first draft of the Project plans received by the FGUA is
attached hereto as Exhibit "B."
10. In the event that on-site water, wastewater or reclaimed water facilities are
connected to the FGUA's systems absent the conveyances mentioned herein. the
Developer's requirement to convey said facilities to the FGUA shall not be waived and shall
run with the land. In such event, the FGUA may thereafter, at any time, request conveyance
of such facilities and the Developer or subsequent owner in interest shall promptly comply
with said request in the manner prescribed herein. In the event the Developer or subsequent
owner in interest is unwilling or unable to co e facilities for any reason whatsoever, the
FGUA shall have the immediate right J~t{J~ ement and services to be provided
by the FGUA pursuant to this breach. Notwithstanding the
foregoing, the FGUA shall not Igated to make )i> nection until the FGUA has
received all items required a ou ed on the Developer Co weya ce Checklist, including but
not limited to the Enginee s rt' ion clion om letion indicating that all
construction has been perf rm d in subs a onfor ance ith e approved engineering
plans and that all tests r qui ttWe(j t UA ave been satisfactorily
pe~~d I
() f-.
11. AIi docume ~ eflned in this Artic dic ~ by initial capital letters,
shall be In such form as app ~ by the FGUA. '1 ,.0
+ 0 ARTICLE III '" IV
rp,,)\
The FGUA and the Developer agree as follows:
1. The provisions of this Agreement shall be binding upon and inure to the
benefit of successors and assigns in title to the Property.
2, The Developer, its successors and assigns, and the owners and occupants of
buildings on the Property are hereby prohibited from installing or maintaining any water
supply welis or septic systems, except for irrigation purposes where reclaimed water is not
available,
3. The FGUA shali not be liable or responsible for maintenance or operation of
any pipes, pipelines, valves fixtures or equipment on any of the properties of the customers,
consumers or users on the Property other than the water service lines and wastewater
collection system within easements granted to the FGUA in accordance with the FGUA's
policies and procedures.
4. Each customer of water service or wastewater collection service on the
Property shall keep all water pipes, service lines, connections and necessary fixtures and
4
Project: GOLDEN GATE LIBRARY EXPANSION
07-97:1:,(0(;0
equipment on the premises occupied by said customer and within the interior lines of the lot
or tract occupied by the customer in good order and condition. The sale of water to the
customer shall occur at the customer's side of the meter.
OR: 4368 PG: 0595
5. Any temporary cessation or interruption of the furnishing of water and
wastewater service to the Property at any time caused by an act of God, fires, strikes,
casualties, accidents, power failures, necessary maintenance work, breakdowns, damage to
equipment or mains, civil or military authority, riots or other cause beyond the control of the
FGUA shall not constitute a breach of the provisions contained herein or impose liability upon
the FGUA by the Developer, its successors and assigns.
With Copy to:
FGUA Utility Counsel
1500 Mahan Drive Suite 200
Tallahassee, Florida 32308
FOR DEVELOPER:
Collier County
Facilities Management Department
Attention: Director
3301 Tamiami Trail East, Building W
Naples, Florida 34112
5
Project GOLDEN GATE LIBRARY EXPANSION
Orc071'~p
OR: 4368 PG: 0596
Notice so addressed and sent by certified mail with return receipt requested or other
mail service shall be deemed given when it is deposited with the mailing service unless
otherwise provided herein.
8. The parties hereto agree that an executed copy of this Agreement and
Exhibits attached hereto shall be recorded in the Public Records of Collier County, Florida,
with all recordation expenses to be paid by the Developer.
9. That the execution of this Agreement by the FGUA shall not be construed as a
precedent for the acceptance by the FGUA of other water and/or wastewater facilities
constructed or to be constructed by the Developer or others, on other properties.
10. No substance other than Domestic Wastewater. as such term is defined by
the Florida Department of Environmental Protection, or a successor agency with jurisdiction
over same (the "FDEP"), shall be placed into the wastewater system and delivered to an
FGUA line. Should any discharge to the wastewater system not meet Domestic Wastewater
criteria as set forth by the FDEP, the Developer, or any subsequent owner in interest, shall
become subject to the FGUA Industrial Pretreatment Standards as said standards exist at
that time, and a separate agreement shall be required for the FGUA to provide such service.
'.'
these presents to be
.-,
'.1' '.
.'
ental Utility Authonty
'\,.'
ll!;dfJl'f'-
[Clerk
.
BY:~~
Chair
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY /
"'~< ~"-
GUA ATTORNEY
6
Project: GOLDEN GATE LIBRARY EXPANSK>N
()1'91:!i.li!!!l
OR: 4368 PG: 0597
ATTEST: . ,.-.
DWIGHT~ BROCK.
.
BY:
Approved as to form and legal sufficiency:
\~n~a\':'-I :~
Jennifer A. Ipedio,
Assistant County Attorney
7
Project: GOLDEN GATE LIBRARY EXPANSION
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OR: 4368 PG: 0598
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EXHI BIT--tL '
Page--L.of \
OR: 4368 PG: 0599
Exhibit 'B'
FLORIDA GOVERNMENTAL UTILITY AUTHORITY
DEVELOPER CONVEYANCE CHECKLIST
Pro'ect Name:
Pro'ect #
Golden Gate Libra Addition
07.{)71 GGD (Old #4356)
Water & Wastewater Golden Gate
Collier
Date
Received
Date
NO FDEP/HRS WATER CLEARANCE'
YES FDEP/HRS WASTEWATER CLEARANCE'
YES FINAL WALK THROUGH BY FGUA INSPECTOR
YES FGUA APPROVAL LETTER PROCESSED'
Those items marked with a YES are to be submitted in one D8ckaae and aDDroved Driar to FGUA sianature of FDEP IHRS
certification .DDUcatlons. . Indicates items to be included in the FGUA Board package
Item
Required
Yes / No
YES
NO
YES
YES
YES
NO
YES
YES
YES
YES
NO
YES
NO
YES
YES
NO
YES
NO
NO
NO
YES
YES
YES
NO
Item Description
Reviewed
by
CONVEYANCE AGREEMENT'
WARRANTY DEED"
UTILITY EASEMENT S DEDiCATED TO FGUA .
BILL OF SALE - WATER'
BILL OF SALE - WASTEWATER"
BILL OF SALE - RECLAIMED WATER'
ATTORNEY'S AFFIDAVIT"
OWNER'S AFFIDAVIT with Ie al descrl lion attached
fr
u
ors and material roviders
..
PRESSU E
PRESSU f1
BACTERI
LIFT STATI
LIFT STATIO
1 COPY OF FINAL
3 SETS OF "AS-BUILT" P E
1 CAD DISK OF "AS-BUILT' PLANS
ENGINEERS CERTIFICATION CONSTRUCTION COMPLETION"
HRS/FDEP REQUEST FOR CERTIFICATION FOR WATER SYSTEM
APPLICATION
FDEP CERTIFICATION OF COMPLETION FOR WASTEWATER
SYSTEM APPLICATION
ASSIGNMENT AND ASSUMPTION AGREEMENT'
'RQVESlii')"
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9
Project: GOLDEN GATE LIBRARY EXPANSION
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*** OR: 4368 PG: 0600 ***
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4191694 OR: 4380 PG: 0395
RiCORDiO in OmCIAL RECOROS nf COLLlIl COOIlTl, PL
07/21/2008 it ll:JlAIIOiIGHII, BIOCI, CLm
RIC III 18.50
00C',10 .70
Project: GOLDEN GATE LIBRARY EXPANSION
Retn:AIIi:J/JIILLI wsrom
'GUI
280 iBIIVI SPRIJGS nO 82000
LORGiOOO!L3271!
UTILITY EASEMENT
THIS UTILITY EASEMENT, granted this ~()#l day of Mew ,
2008, by COLLIER COUNTY, a political subdivision of the State ~s
Grantor, to the FLORIDA GOVERNMENTAL UTILITY AUTHORITY, a legal entity
and public body created by interlocal agreement pursuant to Section 163.01(7),
Florida Statutes, its successors and assigns, as Grantee.
WITNESSETH: That the Grantor for and in consideration of the sum of ten
dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of
which is hereby acknowledged, hereby conveys, grants, bargains and sells unto
the Grantee, its successors and assigns, a perpetual, non-exclusive easement
and privilege to enter upon and to install, operate and maintain utility facilities, on
the following described lands being located in Collier County, Florida, to wit:
IN WITNESS, ~ these presents to be
executed the date and, first above writte'!1t $ .
:P1' *J GO
ATTE~L ~o Op' F COUNTY
./,-,,;1.[. '^. f'f1F. Cl~ ISSIONERS
D'f.I9H.~ E. BROC~ . ". LLlE~~NTY, ORIDA
hLi.!fuu 'l~'~' BY
\J:., . ..' e Clerk TOM NNING, Chairman
~ n tq . " t.... .
ApIJ~ "'~~rm and legal sufficiency:
Je~~~fB*
Assistant County Attorney
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4191695 OR: 4380 PG: 0397
momo in omClAl mOlDs of COLLIIR COOR!!, PL
07/21/2008 at 11:3lAll DVIGHT I. IIOCI, eLlRI
Rlcm 35.50
ProjeCt GOLDEN GATE ltBRARY EXPANSION
Retn:AlTX:JAIllLLIIUSIOIll
1GOI
280 i1Km SPRIXGS RO 12000
LOXGVOOOPLJl719
Return to;
FloridaGovemmentallJtilityAuthority
280 Wekiva Springs Road, Suite 2000
longwood, Florida 32779
BILL OF SALE
THIS BILL OF SALE evidencing the sale and conveyance of the water and wastewater
utility facilities described herein is made this ~ day of ~_ , 2008, by COWER
COUNTY, a political subdivision of the State of Florida, (her~rred to as .Seller-),
and the FLORIDA GOVERNMENTAL LmLIlY AlJTHORIlY. a legal entity and public body created
by interlaca1 agreement pursuant to Section 163.01(7), Florida Statutes, its successors and
assigns. with headquarters in Seminole County, Florida (hereinafter referred to as RBuyerR).
WITNESSETH:
That said Seller, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration to said Seller in hand paid by the said Buyer, the
receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set over
and delivered, and by these presents does grant. bargain, sell, transfer. set over and deliver
unto the Buyer, and the Buyer's heirs, successors and assigns forever. all those certain water
and wastewater utility facilities lying within the foJ/owing described land, situate, lying and
being in Collier County, Florida, to wit:
":.
"
"
ER has caused th ents to be executed the date
'/:'"" . ,,-")'>/
I f/ E (~C:/
BOARD O~;~NTY COM ISSIONERS
COLLIER c.3z... :TY, FL A .
BY: .
TOM fiE NING, Chairman
~rl 'A i;t.~.. ,:>
Jen ifer A. Be edio,
Assistant County Attorney
OR: 4380 PG: 0398
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EXHIBIT B
Florida Governmental Utility Authority
Project Name Golden Gate Librarv EXDansioD
System Name Golden Gate Utilitv Svstem
LIST OF MATERIALS (check onel
1'81 WATER
o WASTEWATER
o RECLAIMED WATER
Item
1
2
3
Description
8" x 4" Hot Tap with valve
4" DR 14 PVC Pipe
4" Hardware
Quantity Unit
1 LOT
20 LF
~f,l' COt,'0. LOT
~O~ ~)j~"
/ '/:: \, \
1 I ~ /,v \ \ \
/('\] 17"" '-, 1\ \ 71'
roo A\ --' ~
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/[:5/
C:\MyFiles\FGUA\Developer Forms\FGUA - utility facility bill of sale blank fonn 5.22.0S.doc
OR: 4380 PG: 0399
Unit Price
S 4,304.85
S 21.05
S 350.00
Extended Price
S 4,304.85
S 421.00
S 350.00
S 5,075.85
-
*** OR: 4380 PG: 0400 ***
EXHIBIT B
Florida Governmental Utility Authority
Project Name Golden Gate LIbrary Expansion
System Name Golden Gate Utility Svstem
LIST OF MATERIALS (check one)
o WATER
~ WASTEWATER
o RECLAIMED WATER
Item Description Quantity Unit Unit Price Extended Price
1 6" x 4" Hot Tap witb valve 1 LOT $ 4,515,00 $ 4,304.85
2 3" DR 14 PVC Pipe 140 LF S 16.08 S 2,4 I2 ,00
3 8" HOPE directional bO~ ~l?:-,- L T S 137,50 S 16,150.00
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/'/:- ''\ \ S 22,866.85
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C:\MyFiles\FGUA\Developer Fonns\FGUA - utility facility bill of sale blank form S.22.05.doc
Page 1 of2
ZimmermanSue
From: Faith Doyle [fdoyle@GovMServ.com]
Sent: Tuesday. June 10, 20082:47 PM
To: ZimmermanSue; Janelle Kusiolek; Zee Delgado; Fred Busack
Cc: motet; JonesHank; ThomasBlake; Faith Doyle; Pradeep Sethi; Barbara Kerby
Subject: RE: FGUA Approved Conveyance Agreement: 07-071 GGD - Golden Gate Library
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Sue,
The FGUA policy is to forward the approved document with the FGUA check directly to the vendor address on the check,
in this case. the Collier County recording office.
The check and the document were forwarded to the Collier County recording office on June 3, 2008. Ms. Kusiolek
although wishing to accomodate your request, does not have the authority to deviate from the protocol. Accept my
apology if this causes you any inconvenience. Your copy of the recorded document will be forwarded to you as soon as it
is returned to my office and processed as received.
I trust you will understand my needed to maintain the proper chain of custody to insure the integrity of the FGUA official
records.
Faith Doyle
fdoyle@govmserv.com
Executive Administrative Assistant / FGUA Board Clerk
Government Services Group, Inc.
280 We kiva Springs Road
Suite 2000
Longwood, FL 32779-6026
(407) 629-6900 office
(407) 629-6963 fax
WWW,govserv.cQIJJ
From: ZimmermanSue [mailto:SueZimmerman@colliergov,net]
Sent: Tuesday, June 10, 2008 1 :07 PM
To: JKusiolek@GovMServ,com
Cc: mott_t; JonesHank; ThomasBlake; Faith Doyle; Pradeep Sethi; Barbara Kerby
Subject: FW: FGUA Approved Conveyance Agreement; 07-071 GGD - Golden Gate Library
Janelle:
This is just a quick follow up to see if you are ready to forward the CSA to us for recording with the Collier County Clerk's
Office. Please let us know. Thank you.
Sue
From: Zimmerman Sue
Sent: Wed 5/21/2008 3:45 PM
To: 'Janelle Kusiolek'
Cc: 'Faith Doyle'; 'Barbara Kerby'; 'John Pelham'; 'fred@penningtonlaw,com'; 'Pradeep Sethi'; mott_t; RussellHans
Subject: RE: FGUA Approved Conveyance Agreement; 07-071 GGD - Golden Gate Library
7/26/2008