Backup Documents 01/10/2017 Item #16C2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP C
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO V
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.
**NEW** ROUTING SLIP4(.19Y-clin /
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is alreacV 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 SR 01-10-17
4. BCC Office Board of County 757
Commissioners �'* '�.*/c
5. Minutes and Records Clerk of Court's Office „ ,
1112•111 t•S1'
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 Tom Chmelik Contact Information 239-252-6213
Contact/ Department
Agenda Date Item was January 10,2017 Agenda Item Number 16C2
Approved by the BCC
Type of Document Inter-local agreement between the Collier Number of Original Two Agreements
Attached County Water-Sewer District and the Documents Attached
Florida Governmental Utility Authority,
PO number or account -NM-
number
NM number if document is
to be recorded Cr5N-kca.c C.�dre%C.�VT co`rA VLA C c���Yrc S '�l,seNcf!\
INSTRUCTIONS & CHECKLIST 7
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, 04= �1
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. SGG Clea �e A,
3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT -tcsntt.)1\SrnAQ3i.
signed by the Chairman,with the exception of most letters,must be reviewed and signed ,,,t, redtx
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT
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 SRT
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 SRT
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip SRT
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 1/10/17 and all changes made during the SRT
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the %.‘‘ S‘,' '
Chairman's signature.
*Send signed and executed version to Gerri Franklin (contact info provided wit Fed Ex envelope)
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16 C 2
MEMORANDUM
Date: January 13, 2017
To: Tom Chmelik, Project Manager
Public Utilities Engineering
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Agreement between Collier County and the FGUA for Provision of
Wastewater Service for FPL Service Center & Retail Service
Attached is a copy of the agreement referenced above, (Item #16C2)
approved by the Board of County Commissioners on Tuesday, January 10, 2017.
The original agreement will be held in the Minutes and Records Department
as part of the Board's Official Record.
If you have any questions, please contact me at 252-7240.
Thank you.
Attachment
1 6 C
County Collier
CLERK OF THE CIRCUtf COURT
COLLIER COUNTY C(NRTI 10 SE
Dwight E. Brock-Clerkof Circuit Court
3315 TAMIAMI TRL E STE 102 P.O.BOX 413044
NAPLES,FL 34112-5324 NAPLES,FL 34101-3044
Clerk of Courts • Comptroller • Auditor • Custodian of County Funds
January 12, 2017
FGUA
Attn: Gerri Franklin
280 Wekiva Springs Rd
Suite 2070
Longwood, Florida 32779
Re: Agreement between Collier County and the Florida Governmental Utility
Authority for Provisionof Wastewater Service for FPL Service Center
and Retail Service
Transmitted herewith is one (1) original agreement of the above referenced document
for your records per request, as adopted by the Collier County Board of County
Commissioners of Collier County, Florida on Tuesday, January 12, 2017, during
Regular Session.
If you have any questions feel free to contact our office any time.
Very truly yours,
DWIGHT E. BROCK, CLERK
)
)
Martha Vergara, DeptitCleric
Enclosure
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email-CollierClerk*ollierclerk.com
16 C 2
AGREEMENT BETWEEN COLLIER COUNTY AND THE FLORIDA GOVERNMENTAL
UTILITY AUTHORITY FOR PROVISION OF WASTEWATER SERVICE
FOR
FPL SERVICE CENTER AND RETAIL SERVICE
This Agreement (hereinafter referred to as the "Agreement") is made and entered into this
10day of 3o,ntp,r1/4a. , 2017, by the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, Florida, as the Governing Body of Collier County and Ex-Officio of the
Governing Board of the Collier County Water-Sewer District, a political subdivision of the State
of Florida (hereinafter referred to as the "CCWSD") and FLORIDA GOVERNMENTAL UTILITY
AUTHORITY, a legal entity and public body created by interlocal agreement pursuant to section
163.01(7)(g), Florida Statutes, with its principal place of business at 280 Wekiva Springs Road,
Suite 2070, Longwood, FL 32779 (hereinafter referred to as "FGUA").
WITNESSETH
WHEREAS, the CCWSD has jurisdiction pursuant to Chapter 2003-353, Laws of Florida,
as well as Chapter 153, Part II, Florida Statute, and Section 125.01 (k), Florida Statute, to provide
water and wastewater/sewer service within the geographic area of the Proposed Projects
(hereinafter defined) regarding this Agreement, in Collier County, Florida; and,
WHEREAS, the proposed project known as FPL Service Center, is located at 4105 15th
Avenue SW, Naples, FL, Parcel No. 37931160008, and is a 23,366 SF utility/emergency service
office. The Proposed Project is located within Collier County and described more particularly in
Exhibit "A" attached hereto; and
WHEREAS, the proposed project known as Circle K, is located at 4025 Pine Ridge Road
Ext, Naples, FL, Parcel No. 37930500009, and is a 3,620 SF convenience store and gas station.
The Proposed Project is located within Collier County and described more particularly in Exhibit
"B" attached hereto; and
WHEREAS, the proposed projects known as FPL Service Center and Circle K are
hereinafter referred to as the "Proposed Projects"
WHEREAS, at the present time, the CCWSD has water facilities located within the vicinity
of the Proposed Projects and has wastewater/sewer facilities that are approximately three miles
from the Proposed Projects; but the CCWSD does not plan to extend its wastewater/sewer
facilities to provide wastewater/sewer service to the area in which the Proposed Projects is
located in the near future; and
INSTR 5356702 OR 5353 PG 2584
RECORDED 1/13/2017 4:51 PM PAGES 11
1 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$95.00
16 C 2
WHEREAS, Florida Power & Light Company and National Retail Properties LP
("Developers") desire to connect the Proposed Projects (which are presently located within the
CCWSD Water/Sewer District), to a municipal sewage system, however, no CCWSD
wastewater/sewer facilities are available within this area; and
WHEREAS, FGUA has wastewater/sewer service available near the Proposed Projects,
however, the Proposed Projects are outside of FGUA's certificated service area (as the
Proposed Projects are within the CCWSD's district as set forth above, the CCWSD plans on
serving this geographical area eventually); and
WHEREAS, FGUA has, or when the subject capacity is needed, will have
wastewater/sewer capacity adequate and available to serve the Proposed Projects (including
after same is developed in the manner intended by Developers); and
WHEREAS, until such time as the CCWSD provides wastewater/sewer service to the
area in which the Proposed Projects are located, Developers desire to receive such
wastewater/sewer service to the Proposed Projects from FGUA. In connection therewith
Developers intend to extend a four(4) inch force main the required distance from the Proposed
Projects to the subject property line at 4105 15th Ave SW and 4025 Pine Ridge Road Ext (the
portion of same to be located within the right of way of County Road 951 and/or 15th Ave SW
and/or Pine Ridge Road Ext is hereinafter referred to as the "Wastewater/Sewer Extension"),
in order to connect to and use the existing FGUA wastewater/sewer system at Developer's
expense; and
WHEREAS, the CCWSD and FGUA agree that FGUA will provide wastewater/sewer
service to Developers, and the CCWSD and FGUA hereby agree that the Proposed Projects
shall be an interim retail wastewater/sewer customer of FGUA until such time that the CCWSD
has its wastewater/sewer facilities available to provide permanent sewer service to Developers
at the Proposed Projects.
NOW THEREFORE, in consideration of the promises contained herein FGUA agrees to
provide interim wastewater/sewer treatment and disposal services to Developers for the
Proposed Projects and the parties agree as follows:
1. FGUA and Developers shall enter into and comply with an agreement whereby
FGUA shall agree to provide wastewater/sewer treatment and disposal services to
the Proposed Projects (including after same is developed in the manner intended
by Developers), and Developers shall agree to pay FGUA's standard charges and
fees for such services, including impact fees, as set by the FGUA Board of
Directors, the governing board of FGUA.
2. Once constructed, the Wastewater/Sewer Extension constructed by Developers
as aforesaid described shall be conveyed by Developers to FGUA by Bill of Sale
and shall become the property of FGUA. Any utility facilities constructed by
2
16C 2
Developers within the Proposed Projects parcel boundaries shall remain the
property of Developers. FGUA, the CCWSD and Developers acknowledge that
connection of the Proposed Projects to FGUA's wastewater/sewer system is for
interim wastewater/sewer service, and when such wastewater/sewer service
becomes available to the Proposed Projects(within the right of way adjacent to the
Proposed Projects) from the CCWSD by means of an interconnection with the
CCWSD's wastewater/sewer system, the Proposed Projects shall then be
connected to the CCWSD's wastewater/sewer system and CCWSD shall promptly
begin providing such wastewater/sewer services to the Proposed Projects, with
only temporary interruption to the wastewater/sewer service for the Proposed
Projects. When wastewater/sewer service from the CCWSD becomes available to
the Proposed Projects as aforesaid, at no cost to the CCWSD, FGUA shall convey
to the CCWSD marketable title to that portion of the Wastewater/Sewer Extension
and related utility easements, if any, that are within the CCWSD service area, and
FGUA shall retain ownership of any portion thereof that is located within the FGUA
service area. A shut-off valve shall be installed at the point in the
Wastewater/Sewer Extension where the CCWSD service area and the FGUA
service area meet, such that the portion of the Wastewater/Sewer Extension to be
retained by FGUA and the portion of the Wastewater/Sewer Extension to be
conveyed to CCWSD are clearly identified.
3. Upon completion of the Wastewater/Sewer Extension by Developers, and until
such time as the Wastewater/Sewer Extension is conveyed to the CCWSD as set
forth in Section 2 above, same shall be maintained by FGUA. Upon conveyance
of the Wastewater/Sewer Extension to the CDWSD as set forth above, same shall
be maintained by the CCWSD. Developers shall maintain any utility facilities
constructed within the Proposed Projects parcel boundaries.
4. Developers shall pay to the FGUA the sewer impact fees (sometimes called
"system capacity fees") at the time of submission of the Utility Infrastructure
Conveyance and Service Agreement as then required by the FGUA's Impact Fee
Rate Resolution.
5. The CCWSD agrees to permit FGUA to provide the subject interim
wastewater/sewer service to the Proposed Projects in accordance with this
Agreement, and all parties acknowledge that this service is on a temporary
(interim) basis until such time as the required (adequate) wastewater/sewer
service becomes available to the Proposed Projects (within the right of way
adjacent to the Proposed Projects) by the CCWSD through future geographic
extension of wastewater/sewer facilities from the CCWSD wastewater/sewer
system. At such time, Developers will connect to the CCWSD's wastewater/sewer
service facilities and Developers shall bear all expenses related to such connection
at such time as the facilities become available. Upon connection of the Proposed
3
16C 2
Projects to the CCWSD's wastewater/sewer service facilities as aforesaid, and the
provision of such required wastewater/sewer service to the Proposed Projects by
CCWSD, FGUA shall no longer be required to pay any fees or other amounts to
CCWSD with respect to wastewater/sewer service.
In the event that the Wastewater/Sewer Extension is relocated, modified, repaired
or replaced as a result of road work, expansion or other modification, repair or
replacement of county roadways or any other directly relevant public right of way
by CCWSD or by Collier County, Developers shall be responsible for all such
Extension work and all costs and expenses of same. In connection with any
expansion or other modification, repair or replacement of county roadways or any
other directly relevant public right of way by CCWSD or Collier County (or by any
other party permitted by CCWSD or by Collier County), CCWSD/Collier County
(or such CCWSD or County authorized other party) shall not unreasonably disrupt
or otherwise unreasonably interfere with the supply of wastewater/sewer service
to the Proposed Projects, and if possible shall not require relocation of the point of
connection of the Wastewater/Sewer Extension to the Proposed Projects.
6. Water Meter Reading Documents. CCWSD hereby agrees to provide the water
meter readings of the Proposed Projects meters to FGUA in the form of a computer
printout or electronic transmission as requested by FGUA in order to enable FGUA
to bill for wastewater service.
a. Dates of Readings. All customer meters shall be read by CCWSD monthly
and meter readings will be provided to FGUA within ten (10) days of the
meter reading completion in accordance with CCWSD read cycles.
CCWSD shall provide notice of meter reading schedule changes 60 days in
advance in writing to allow FGUA to properly adjust its billing schedule.
b. Force Majeure. In the event that the meters cannot be read as provided
above, due to force majeure events, the meters shall be read on the next
day that such readings can reasonably be carried out.
c. Annual Joint Meter Reading. FGUA shall have the right, but not the
obligation, to have its personnel read meters with personnel from CCWSD
on a date agreeable to CCWSD at any time during the year, but only once
per year. To avail itself of that right, FGUA must request said event at least
sixty(60) days, but no more than one hundred and twenty (120) days prior
to the time it wishes to have a joint reading.
d. Re-evaluation if Substantial Increase in Customers. It is initially anticipated
the CCWSD will provide this service to FGUA for two (2)joint customers in
the CCWSD's Systems but FGUA may identify additional joint customers in
the future. If the number of joint customers increases by thirty percent
4
16C 2
(30%), the parties agree that CCWSD will have the opportunity to re-
evaluate the financial impact of this agreement and the parties agree to
amend this agreement if necessary.
7. Water Meter Reads Charges. CCWSD shall charge an administrative fee of 5
percent for the routine monthly meter readings and for its provision of the computer
printout or electronic transmission requested by FGUA in order to enable FGUA to
bill for wastewater service.
a. Rereads. A reread service shall be provided by CCWSD to FGUA via email
after written request to CCWSD. The CCWSD retains the ability to charge
FGUA a fee for this service, as follows:
b. Reread Fees. The CCWSD charges a meter re-read fee in accordance with
rates approved by the CCWSD on Appendix A, Schedule 5 of the Uniform
Billing, Operating and Regulatory Standards Ordinance No. 2001-73, as
amended
c. Initial and Final Reads. CCWSD shall also provide initial reads for new
customers and final reads for those customers terminating service via email
at no charge. Initial and final reads shall be designated initial and final,
respectively, on the documents sent to CCWSD and initial reads shall
include all appropriate customer billing information.
8. Water Meter Testing. If requested by FGUA, CCWSD agrees to provide or arrange
for meter testing services to FGUA at CCWSD's approved rate.
9. Prohibition on Meter Tampering. Except as otherwise provided herein in the event
of force majeure nonperformance by FGUA or when CCWSD authorizes FGUA to
read or test CCWSD's meters, FGUA will not attempt to read CCWSD's meters or
otherwise manipulate CCWSD's meter boxes, meters, services or appurtenances,
even if this Agreement is terminated by the parties.
10.Joint Customer Cooperation. Within five(5)days of receipt of a written notice from
FGUA of customer delinquency for sewer disposal service, CCWSD shall shut off
water service to such delinquent joint customers at the current prevailing CCWSD
rates. This charge includes service restoration after written request is received by
CCWSD from FGUA to do so. FGUA will also provide CCWSD with joint customer
account information including, but not limited to, owner name, premise/service
address, and billing address. If CCWSD is unable to shut off water service, the
FGUA may do so.
11.CCWSD Prevailing Rates. Upon execution of this agreement, the FGUA shall
reimburse the CCWSD a fee for shutoff and restoration at the rate the CCWSD
charges its customers for service restoration due to non-payment service
5
16 C 2
terminations. Rates as of this agreement date are as follows; $55.00 fee per
service address if request received during business hours, $100.00 if request is
received after hours. Such fees may be amended pursuant to duly adopted rate
resolutions.
12.This agreement shall inure to the benefit of, and be binding upon, the successors
and assigns of the parties.
13.A detailed graphic representation of the Wastewater/Sewer Extension that is to be
installed by Developers is attached hereto as Exhibit "C".
IN WITNESS WHEREOF, the CCWSD, and FGUA have caused this Agreement to be
executed by their duly authorized representatives as of the date first abpve.written.
DATE: / f=3/ ��7 BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORtpA, AS THE
ATTEST: GOVERNING BODY OF COLLIER
DWIGHT E. Bli064, Clerk COUNTY AND EX-OFFICIO THE
BY:
GOVERNING BOARD OF THE COLLIER
BY: ,/11ftIS OUNTY WATER-SEWER DISTRICT
Deputy'Cler
Attest as to Chairman's
signature only. BY:
Penny Taylor , Chairm
Appro -d - t•,f,rm ,a) leg lity.
f
II
BY:
Scot R. Teach
Deputy County Attorney
6
16C 2
FLORIDA GOVERNMENTAL UTILITY
AUTHORITY
BY: AL41_,(2(AAAA. -t, ✓
Lea Ann Thomas, Chairman, Board of
'�, Directors
ATTEST: ?�jQJllt.c.- ,ift-a/x.k.144L,
Approved as to form and legal sufficiency:
EN7A�
BY: a.,,�,.,. t�---- e���I1
John elham, General Counsel ���' s•-:%,
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DATE: /oL/15/a0/gyp � SEAL
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DATE: t1‘o7hk _tr
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16C 2
EXHIBIT"A"
Parcel No. 37931160008
Site Address: 4105 15th Ave SW
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EXHIBIT"B"
Parcel No. 37930500009
Site Address: 4025 Pine Ridge Road, Naples, FL
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