Agenda 01/12/2016 Item #16K 1 1/12/2016 16.K.1 .
EXECUTIVE SUMMARY
Recommendation to approve the Right of Entry Agreement with Lely Community Development
District to ensure proper monitoring of groundwater well levels.
OBJECTIVE: To maintain compliance with the Collier County Water-Sewer District's (CCWSD) Water
Use Permit 11-00052-W for the Pelican Bay/Mule Pen Wells.
CONSIDERATIONS: Under the Lely Community Development District's (CDD) Water Use Permit
11-00044-W issued by the South Florida Water Management District(SFWMD), the CDD is required to
monitor and report to SFWMD groundwater levels within its Groundwater Well WMW#1 located within
the CDD in the vicinity of the South County Water Reclamation Facility(SCWRF).
Groundwater Well WMW#1 is located approximately 2,500 feet east of the proposed supplemental
Irrigation Quality (IQ)well on the SCWRF site. Water levels in this monitoring well would likely reflect
the influence on groundwater from pumping the proposed supplemental IQ well, and assure SFWMD that
nearby wetlands will not be adversely affected.
Limiting Condition 23 of the CCWSD Water Use Permit 11-00052-W for supplemental IQ wells requires
the CCWSD to develop a Memorandum of Understanding(MOU)with the CDD committing the CDD to
share the monitoring level data from WMW#1 with the CCWSD, and to afford the CCWSD access to the
monitoring well in the event the CDD ceases monitoring activities during the life of its water use permit.
This assures SFWMD that monitoring of the well will continue even if no longer needed by the CDD in
its permit.
The MOU was developed in the form of a standard Right of Entry Agreement, and was approved as to its
form by the SFWMD. The Lely CDD approved and executed the Right of Entry Agreement.
FISCAL IMPACT: There is no fiscal impact associated with this action. Failure to act could subject the
CCWSD to fines or sanctions for non-compliance.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board approval. -JAB
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities, and to remain in compliance
with all regulatory programs.
RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of
the Collier County Water-Sewer District, approves the Right of Entry Agreement with the Lely CDD, and
authorizes the Chairman to sign and execute the attached agreement after final review and approval by the
County Attorney's Office.
Prepared By: John H.Eick,P.E., Senior Project Manager,Public Utilities PPMD
Attachments: Right of Entry Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.1.
Item Summary: Recommendation to approve the Right of Entry Agreement with Lely
Community Development District to ensure proper monitoring of groundwater well levels.
Meeting Date: 1/12/2016
Prepared By
Name: EickJohn
Title: Project Manager, Senior,Public Utilities Engineering
12/3/2015 9:26:35 AM
Submitted by
Title: Project Manager, Senior,Public Utilities Engineering
Name: EickJohn
12/3/2015 9:26:37 AM
Approved By
Name: HapkeMargie
Title: Recycling Coordinator, Solid&Hazardous Waste Management
Date: 12/8/2015 10:58:09 AM
Name: MottToni
Title: Manager-Property Acquisition&Const M,Facilities Management
Date: 12/8/2015 11:12:00 AM
Name: PajerCraig
Title: Project Manager,Principal,Public Utilities Engineering
Date: 12/8/2015 12:49:44 PM
Name: JohnssenBeth
Title:Division Director-Wastewater,Wastewater
Date: 12/9/2015 10:33:57 AM
Name: YilmazGeorge
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Title:Department Head-Public Utilities,Procurement Services
Date: 12/9/2015 11:38:53 AM
Name: BelpedioJennifer
Title:Assistant County Attorney, CAO General Services
Date: 12/10/2015 9:25:59 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/11/2015 9:21:05 AM
Name: FinnEd
Title:Management/Budget Analyst, Senior, Office of Management&Budget
Date: 12/17/2015 11:50:42 AM
Name: CasalanguidaNick
Title: Deputy County Manager,County Managers Office
Date: 12/27/2015 11:30:49 AM
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PROJECT:Lely CDD Water Use Permit Monitor Wells
RIGHT OF ENTRY AGREEMENT
THIS RIGHT OF ENTRY AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this -- day of _ ` ECctitla. , 2015, by and between
LELY COMMUNITY DEVELOPMENT DISTRICT, a political subdivision of the State of
Florida, its successors and assigns, (hereinafter referred to as "Owner"), whose mailing
address is 5672 Strand Court, Suite 1, Naples, FL 34110, and the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, (hereinafter
referred to as "County"), whose mailing address is 3335 Tamiami Trail East, Suite 101,
Naples, Florida 34112-5356.
WHEREAS, South Florida Water Management District (hereinafter referred to as
"SFWMD") had issued water use permit 11-00044-W within the boundary of the Lely
Community Development District, located in Collier County, State of Florida, and being
more particularly described in Exhibit "A" (hereinafter referred to as the "Property"),
which is attached'hereto and made a part of this Agreement;
WHEREAS, under the wetland monitoring program, Owner is to submit the water
level monitoring data tor Groundwater Well WMW#1, the location of which is shown in
Exhibit "B", to SFWMD and the County on an annual basis;
WHEREAS, County is also to submit the water level monitoring data to SFWMD
on an annual basis;
WHEREAS, SFWMD is desirous that Owner 'provide to County .temporary
license and right to enter upon the lands of Owner for fhb pur-pose'of accessing o'xisting
groundwater well WMW#1, and to collect additional:data, should the Owner cease
monitoring activities during the required monitoring period for the County; and
WHEREAS, Owner desires to provide a Right of Entry on and over the Property to
County for the stated purposes, on the terms and conditions set forth herein.
NOW THEREFORE, in consideration of these presents, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
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1. Owner shall grant to County a Right of Entry on and over the Property, to access
WMW#1 for the life of Water Use Permit 11-00044-W, or until SFWMD terminates
such permit.
2. Owner and County acknowledge that by recording of this Agreement in the Public
Records of Collier County, Florida, the County will be granted the right of entry to
Owner's property.
3. Owner and County acknowledge, subject to the limitations set forth in Section
768.28, Florida Statutes, County shall indemnify and hold harmless Owner,
including its officers and employees, from any and all liabilities, damages, losses
and costs, including but not limited to reasonable attorney's fees, to the extent
caused by the negligence of County in the performance of this Agreement.
4. Owner shall be named as an additional insured on applicable liability policies of
County as to the operations under this Agreement.
5. The County shall pay for all costs of recording the Agreement in the Public
Records of Collier County, Florida. All other costs associated with this transaction
shall be borne and paid by County. Each party shall be responsible for payment of
its own attorney fees, if any.
6. Owner is aware and understands that this Agreement is subject to acceptance and
approval by the Board of County Commissioners of Collier County, Florida.
7. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
8. This written Agreement, including the attachment hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
9. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
This space intentionally left blank
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
day of , 20141
Date approved by BCC:
AS TO COUNTY: DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA,AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
BY:
Deputy Clerk TIM NANCE, Chairman
Approved as to form and legality:
Jennifer A. Belpedio, Assistant County Attorney
AS TO OWNER:
DATED: it8 1 15
----k-
_--..„ LELY COMMUNITY DEVELOPMENT DISTRICT,
wines •- - ;{Ar u a political subdivision of the State of Florida•
Name: Sid } 7'1
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A t2611,1114-1,---- ,
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Witness(Signature) Name: tlitiOtv 3 e ,
Name:
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(Print or Type)
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EXHIBIT A
PROPERTY DESCRIPTION
The outline of the Lely Community Development District ("Property") is shown below
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EXHIBIT B
Approximate Location of WMW#1
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