Agenda 10/10/2017 Item #16A1310/10/2017
EXECUTIVE SUMMARY
Recommendation to review and approve the Fiscal Year 2018 Capital Improvement Plan of
the Big Cypress Basin, a part of the South Florida Water Management District (SFWMD).
OBJECTIVE: To continue coordination between the Big Cypress Basin and Collier County
Stormwater Management for the operation and maintenance of the watercourses and water control
structures located in Collier County.
CONSIDERATIONS: The first agreement made between Collier County and the Big Cypress
Basin/South Florida Water Management District (BCB/SFWMD) provided a mechanism for
assigning operation and maintenance responsibilities for portions of the canal system and the water
control structures was in February 19, 1991, Agreement C91-2158. Upon its expiration, the same
parties entered into a subsequent agreement on October 13, 2000. This agreement, agreement
C-11759, has been amended three (3) times since 2000 for various purposes including
agreement duration extensions and operation and maintenance responsibility adjustments. This
agreement is currently valid until September 30, 2024.
Provisions in agreement C-11759 address cooperative and shared system responsibilities including
planning, operation, maintenance, and capital improvements. Section 10 of agreement C-11759
specifies that BCB capital improvements and capital improvement schedules shall be subject to
review and approval by both the Big Cypress Basin Board (BCB) and the Collier County
Board of County Commissioners (Board).
Attached are the fiscal year 2018 Big Cypress Basin Capital projects including planning budget
amounts and brief project descriptions. Two new weirs, both located in the Golden Gate Estates
area, will begin construction in 2018 and are expected to be operational in 2019.
FISCAL IMPACT: The BCB Fiscal Year 2018 Capital Projects Plan is specific to, and/or
associated with, canals and water control structures currently assigned to BCB by the agreement.
The plan has no fiscal impact to Collier County budget appropriations for County operated and
maintained canals and water control structures.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved
as to form and legality, and requires majority vote for approval. -JAK
GROWTH MANAGEMENT IMPACT: Planning, operation, maintenance, and capital
improvements of the entire canal system and all associated water control structures throughout
Collier County is in accordance with the goals, objectives, and policies of all applicable sections
of the Stormwater Management and the Conservation and Coastal Management elements of the
Growth Management Plan.
RECOMMENDATION: To approve the Fiscal Year 2018 Capital Improvement Plan of the
Big Cypress Basin (BCB).
Prepared By: Gerald N. Kurtz, P.E., Principal Project Manager, Capital Project Planning, Impact Fees
and Program Management Division
10/10/2017
ATTACHMENT(S)
1. Submitted Capital PlanFY18docx (PDF)
2. SFWMD County Canal Agree 2000 (PDF)
3. First Amend #C-11759 Feb 10 2011 (PDF)
4. Second Amend #C11759 May 11 2011 (PDF)
5. 3rd Amend to #C-11759 SFWMD Rec Copy (PDF)
10/10/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.13
Doc ID: 3610
Item Summary: Recommendation to review and approve the Fiscal Year 2018 Capital
Improvement Plan of the Big Cypress Basin, a part of the South Florida Water Management District
(SFWMD).
Meeting Date: 10/10/2017
Prepared by:
Title: Senior Grants and Housing Coordinator – Capital Project Planning, Impact Fees, and Program
Management
Name: Gino Santabarbara
08/16/2017 2:42 PM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
08/16/2017 2:42 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 08/16/2017 4:52 PM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 08/21/2017 5:05 PM
Growth Management Department James French Deputy Department Head Review Completed 08/21/2017 6:06 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 08/24/2017 5:50 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/25/2017 8:05 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/07/2017 4:32 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/02/2017 11:37 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/02/2017 4:10 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/10/2017 9:00 AM
BCB Projects
FY2017/18
Proposed
Funding
Project Description
Structure Inspection
Program $225,000
This is a 5-year cycle inspection program for all 46
water control structures. Each structure is
thoroughly inspected above and below water as
part of our maintenance and capital re-prioritization
process.
Stage
Recorders
and Rain
Gauges
$118,800
Three new stage recorders will be installed to
provide enhanced monitoring of the flood control
system. Proposed locations are at: Cypress
#1(downstream), Airport Road N (upstream and
downstream)
SCADA Replacements $2,900
Replacement for SCADA equipment that has
reached end of life and in need of re-installment for
on-going monitoring of flood control system
Curry Weir $1,500,000
This will be a new structure, designed to assist with
protecting ground water supplies in the dry season
for the upper part of the Basin’s watershed. This is
a multi-year project:
FY17=$500,000 for design, permitting and property
acquisition
FY18 $1,500,000 for construction
FY19 = $700,000 to complete construction
Total project cost = $2,700,000
Golden Gate
Weir #4
Replacement
-
$4,700,000
The existing structure is part of the original
drainage system and is in need of upgrade and
replacement to improve operational function and
flexibility of the flood control system. This is a
multi-year project:
FY16-17= $650,000 for design and permitting and
property acquisition
FY18-19= $4,700,000 for construction.
Total Project cost = $5.350,000
TOTAL $6,546,700
ORIGINAL
COOPERAM7E AGREEMENT
1 113 30 I112 DMI of
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
ON BEHALF OF THE BIG CYPRESS BASIN
COLLIER COUNTY, FLORIDA
THIS COOPERATIVE AGREEMEN-F, ("AGREEMENT"), made and entered into this
l3 day of. 0e h, , ;ZO00 . by and between "the Parties," the South Florida
Water Management District a public corporation of the State of Florida, ("the DISTRICT") on
behalf of the Big Cypress Basin and Coili-T County, a political subdivision of the State of
Florida, ("the COUNTY").
WILNESSETH:
THAT WHEREAS, the DISTRICT is an independent taxing authority, created by the
Florida Legislature and given those powers and responsibilities enumerated in Chapter 373,
Florida Statutes; and
WHEREAS, it is the desire and the in= of the parties that the DISTRICT continue to
assume the responsibility, first agreed to ur Agreement C91-2158 dated February 19, 1991,
for the control, operation and maintenance of designated primary watercourses which have a
significant impact upon the water resources in the DISTRICT and Collier County, Florida; and
WHEREAS, for the purpose of egg the DISTRICT as such control agency, it is
necessary that certain watercourses as defaied in §§373.019, and 373.086 F.S., be declared
"Works of the Basin" and "Works of the District"; and
WHEREAS, the DISTRICT has adopted as "Works of the Basin" the watercourses
Iisted on Exhibit "A" and depicted on Exhibit 'B," both of which are attached to this
AGREEMENT, and it is acknowledged d3z the above constitute only a part of all of the
existing watercourses in Collier County, Florida, and
WHEREAS, the Big Cypress Baste Board has the statutory authority through
§373.0695(3), Florida Statutes to declare and adopt additional watercourses as "Works of the
Basin" and has approved entering into this A NT on May 28, 1999; and
WHEREAS, the DISTRICT and COUNTY have agreed that the responsibility for
planning, operation, maintenance and capital improvements of the primary watercourses listed
on Exhibit "A" and of any additional waara.r r zx , that may be adopted in the future as "Works
Contract C-11 7759, Page 1 of 7
of the Basin" and "Works of the District" shall lie with the DISTRICT, while the responsibility
for planning, operation, maintenance and capital improvements of all other watercourses known
as secondary watercourses shall lie with the COUNTY; and
WHEREAS, the Governing Board of the DISTRICT has approved entering into this
AGREMENT at its May 11, 2000 Governing Board meeting;
NOW, THEREFORE, in consideration of the benefits flowing from each to the other, the
DISTRICT on behalf of the Big Cypress Basin and the COUNTY agree as follows:
1. The purpose of this AGREEMENT is to provide a mechanism for continuation of the
parties' responsibilities and obligations regarding operation and maintenance of watercourses
and water control structures delineated in Agreement No. C91-2158 dated February 19, 1991
when Agreement No. C91-2158 expires on February 28, 2001. Accordingly, unless extended or
earlier terminated, this AGREEMENT shall commence on February 28, 2001 and continue for a
period of ten (10) years to February 28, 2011, and may be renewed upon mutual agreement of
the parties. Notice of intent to renew or not to renew shall be delivered to the other party in
writing between February 28, 2009 and May 31, 2009. In the event that the parties cannot
mutually agree to an extended renewal period, this AGREEMENT shall lapse and terminate on
its own accord on February 28, 2011. Hereafter the DISTRICT shall continue to be the public
agency in Collier County, Florida, responsible for the control, operation and maintenance of the
watercourses listed in Exhibit "A", and depicted on Exhibit "B," both of which are attached
hereto and made a part of this AGREEMENT.
2. The Project Managers for the DISTRICT and for the COUNTY are as follows:
DISTRICT
Name: Clarence Tears or
Current Director, Big Cypress Basin
Street: 6089 Janes Lane
City:
Naples
State:
Florida
Zip:
34109
Tel:
941-597-1505
COUNTY
John BoIdt or Current
Stormwater Management Director
Collier County Gov't Complex
3301 Tamiami Trail East
Naples
Florida
34112
941-732-2501
The parties shall direct all matters arising in connection with the performance of this
AGREEMENT to the attention of the Project Managers for attempted resolution or action. The
Project Managers shall be responsible for overall coordination and oversight relating to the
performance of this AGREEMENT.
3. All notices to the COUNTY under this AGREEMENT shall be in writing and sent by
certified mail to the Public Works Director, or his designee. All notices to the DISTRICT under
this AGREEMENT shall be in writing and sent by certified mail to:
Contract C-11759, Page 2 of 7
South Florida Water Management District
Attn: Procuret Division
P. 0. B -, 24680
West Palm B FL 33416-4680
The COUNTY shall also provide a copy of all novices to the DISTRICT's Project Manager. All
notices required by this AGREEMENT sinan be considered delivered upon receipt. Should
either party change its address or designated .Prmect Managers, immediate written notice of the
new address and/or Project Manager shall be sent to the other party.
4• The COUNTY shall continue to release and relinquish all rights and
responsibilities over the said watercourses with respects to control, operation and maintenance to
the extent necessary for the DISTRICT to ex,—c se those water management functions set forth
under this AGREEMENT.
5. ' The COUNTY, to the extent of its authority, shall provide to the DISTRICT water
management easements for such purposes as are necessary to operate and maintain the
watercourses described in this AGREEMENT and shall also provide maintenance easements
adjacent to any subdivision proposed pursuant to the execution of this AGREEMENT. Such
maintenance easements shall run for the duration of this AGREEMENT and shall revert to the
COUNTY in the event of the termination of the AGREEMENT. In the event of termination of
this AGREEMENT, the DISTRICT shall provide notice, in writing, including such documents
as may be recorded in the Public Record, of the effective date of such reversion. The COUNTY
shall notify the DISTRICT of any proposed subdivision adjacent to or including any of the
watercourses listed in Exhibit "A." Such eases shall be approved by the DISTRICT, within
thirty (30) days, prior to the COUNTY's approval of the subdivision plats.
6. Nothing in this AGREEMENT shall ohIigate the DISTRICT to control, operate or
maintain any watercourse for which the COUNTY has not previously furnished to the
DISTRICT an acceptable easement unless the DISTRICT has separately obtained an easement
for the watercourse.
7. The DISTRICT shall have the audwriry to acquire additional easements as deemed
necessary for operations, maintenance and/or suction of capital improvement projects. Any
such acquirements shall be recorded in the Public Records of Collier County.
8. Subject to Governing Board budgetaLrT approval as specified in paragraph 15, the
DISTRICT shall fund and develop a regional wamrshed management plan and individual basin
plans for the primary watercourses, and impk== the capital improvements recommended in
such plans designed to provide the levels of sari= for flood protection, water quality, water
supply, and environmental quality targeted in the COUNTY's Growth Management Plan. If the
targeted levels of service cannot be attained na an economically feasible and environmentally
sound manner, the Basin Study will recomm_=d z prised level of service that may be attained in
an economically feasible and environmentallycnd manner for inclusion in the COUNTY's
Growth Management Plan.
Contract C-1179, Page 3 of 7
9- The COUNTY shall fund detailed studies of the secondary watercourses and their
respective basins throughout Collier County and implement capital improvements/modifications
recommended by such studies. The COUNTY and DISTRICT shall cooperate in the
development of these studies funded by the COUNTY with DISTRICT staff assistance in:
A) Preparation of the Scope of Study.
B) Input on consideration of alternatives developed for improvements and remedial
measures.
C) Input during drafting of the Basin Study for prioritization and implementation of
recommended projects.
D) Input on how the individual Basin Studies interact.
The COUNTY shall reserve the right to request partial funding from the Big Cypress Basin
Board for support in such Basin Studies of secondary watercourses.
10. The Big Cypress Basin Watershed Management Plan and such subsequent plans shall be
subject to review and approval by both the DISTRICT, through the Big Cypress Basin Board,
and COUNTY, through the Collier County Board of County Commissioners, prior to
implementation of:
• Level of Service Recommendations
• Capital Improvements and Capital Improvements Schedules
• Operation and Maintenance Enhancement Proposals.
11. The DISTRICT and COUNTY may cooperate to obtain and utilize alternative funding
methods to accomplish the above improvements on a case by case basis.
12- It is the intent of the DISTRICT to use its best efforts to operate the various
watercourses and water level control structures to meet the water management needs of the
region as a whole. The DISTRICT shall operate the structures and watercourses dependent on
antecedent and forecasted climatological conditions to maximize reasonable and beneficial use
of the resource and balance the needs of flood control, water supply and environmental concerns.
The DISTRICT and COUNTY may confer on alternative operational actions for
DISTRICT/BASIN or COUNTY water level control structures.
13. It is the intent of the DISTRICT and the COUNTY that the DISTRICT shall maintain
those watercourses and water level control structures to the level of service existing at the time of
adoption as "Works" as of the dates specified under Agreement C91-2158 and subsequent
amendments thereto. Further capital improvement responsibilities are outlined in Paragraphs 8
and 9 of this AGREEMENT.
14- Notwithstanding any provisions of this AGREEMENT to the contrary, the parties shall
not be held liable if failure or delay in the performance of this AGREEMENT arises from fires,
hoods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war,
restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause
the same character which is unavoidable through the exercise of due care and beyond the
mtrol of the parties.
Contract C-11759, Page 4 of 7
15. In general, maintenance to the Works of the Basin includes but is not limited to:
• Water Level Control Structure Maim
• Aquatic Plant Control
• Maintenance Shoal Removal
• Removal of Flow Obstructions
• Canal Bank Maintenance if operation of the system is impaired.
16. This AGREEMENT is contingent upon tlr DISTRICT's funding and budget approval
by the DISTRICT for the adoption and maintenan= of the watercourses listed in Exhibit "A"
and depicted on Exhibit 'B" both of which are attached and made a part of this AGREEMENT,
as well as any other watercourses added thereto by the DISTRICT. The failure of either party to
obtain sufficient funding to cover its respective obligations pursuant to the terms of this
AGREEMENT will be a cause for either party to terminate this AGREEMENT for
convenience. In such event this AGREEMENT may be terminated by either party by providing
the other party with thirty (30) days advance written -
notice. In such event, both parties shall be
relieved of any and all future obligations under this AGREEMENT as of the effective date of
termination, including but not limited to, lost revenues and consequential damages.
17. In the event of termination of this AGREEMENT, the control, operation and
maintenance of the watercourses and structures addressed herein shall revert to the COUNTY
within Eighty (80) calendar days of termination.
18. In the event of emergency operations, the DLSMCT and COUNTY may coordinate
their available resources and cooperate to address the existing situation(s).
19. The DISTRICT and COUNTY may at their mutual discretion enter into future
Cooperative Agreements, as they deem appropriate_
20. The parties hereto acknowledge that they are self-insured public entities.
21. To the extent permitted by Florida law, the COUNTY shall assume any and all risks of
personal injury, bodily injury and property damage attributable to the negligent acts or omissions
of the COUNTY and the officers, employees, servants., and agents thereof.
22. To the extent permitted by Florida law, the DISTRICT shall assume any and all risks of
personal injury, bodily injury and property damage aunbutable to the negligent acts or omissions
of the DISTRICT and the officers, employees, servants, and agents thereof.
23. The COUNTY and the DISTRICT further agre,.A that nothing contained herein shall be
construed or interpreted as (1) denying to either pay any remedy or defense available to such
party under the laws of the State of Florida; (2) tine zzzsent of the State of Florida or its agents
and agencies to be sued; or (3) a waiver of sovereign i=unity of the State of Florida beyond the
waiver provided in Section 768.28, Florida Statutes
24. This AGREEMENT maybe amended only wig the written approval of the parties.
Contract C-11759, Page 5 of,
25. The parties shall allow public access to all project documents and materials in accordance
v-ith the provisions of Chapter 119, Florida Statutes.
26_ The laws of the State of Florida shall govern all aspects of this AGREEMENT. In the
went it is necessary for either party to initiate legal action regarding this AGREEMENT, venue
shall be in the Fifteenth Judicial Circuit for claims under state law, and the Southern District of
Florida for any claims which are justiciable in federal court.
77. By execution of this AGREEMENT, neither the COUNTY, nor the DISTRICT are
assuming any liabilities or duties whatsoever, of the other, which may then exist or have
previously accrued to any third party, including, but not limited to, personal injury, property
damage, inverse condemnation, etc., resulting from either party's ownership, operation or control
over such watercourses, water control facilities, and related works, prior to the date of adoption
orrelease of same as "Works of the District" and "Works of the Basin."
28_ This AGREEMENT states the entire understanding between the parties and supersedes
any written or oral representations, statements, negotiations, or agreements to the contrary. The
parties recognize that any representations, statements or negotiations made by DISTRICT or
COUNTY staff do not suffice to legally bind the parties in a contractual relationship unless they
have been reduced to writing, authorized, and signed by authorized representatives of the parties.
This AGREEMENT shall bind the parties, their assigns, and successors in interest.
Contract C-11759, Page 6 of 7
� Salo,>
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day,
month and year first above written.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNILTG BOARD
SFWMD PROCUREMENT APPROVED:
BY: U�il��!�-
DATE: 5JOD
Approved as to form
an a al sufficiency
oun ttorney
By: <
CLEMENT SUCM, PROCUREMENT DIRECTOR
COLLIER COUNTY.
BOARD OF COUNIN
By
A, BY ITS
[SSIONERS
r
erson
— ATTEST: v _ Q
ATTEST: DWIGHT F— BROCK, CLERK
er _
to Chairman's
siggature only.
Contract C-11759, Page 7 of
EXHIBIT "A"
WORKS OF THE DISTRICT/BASIN
CANALS
Golden Gate Main Canal
I-75 Canal
Airport Road Canal
Faka Union Canal
Miller Canal
Cypress Canal
Merritt Canal
Prairie Canal
Henderson Creek Canal
Cocohatchee Canal
S.R. 29 Canal
Corkscrew Canal and Side Branches
Golden Gate Side Branch
Orangetree Canal
Curry Canal
Green Canal
C-R. 951 Canal
C-1 Connector Canal
Total
MILES
27.25
7.W
7.25
29.50
18.75
8.00
12.00
10.00
6.75
11.95
.00
6.20
2.00
2.15
2.00
3.00
7.20
2.00
163.00 Miles
Page 1 of 3, Exhibit "A"
STRUCTURES
6
3
2
7
2
3
10
0
0
0
0
0
0
40 Structures
PRIMARY DRAINAGE SYSTEM
EM
CANALS I MILES I STRUCTURES
I. Golden Gate Main Canal
2. Golden Gate Main Canal
Side Branch
27.25 6
2.00
3. 1-75 Canal
4. Airport Road Canal
7.00 3
7.25 2
5. f aka Union Canal
29.50
6. Miller Canal
18.75
7
3
7. Cypress Canal
8.00
1
8. Merritt Canal
12.00
2
9. Prairie Canal
10.00
I
10. � lenderson Creek Canal
6.75
1
1 1. Cocohatchee Canal
12,00
3
--0,.00
_.___.
10
I.3_. (irucn Can al
3.00
14 CR951 Canal
7.25
0
0
-------------
15. Orange Tree Canal
2.25
p
16. CUrry Canal
2.00
0
17. Corkscrew Canal
8.25
with Side Branches
0
18. C- l Connector Canal
2.00
0
- TOTAL
165.25
40
COLLIER COUNTY
MGG -00 -Coo 15
MGG -13-00005
DC2-00-Co005
ARS -00-00005
ARN-00-00005
FKC-00-CO025
MJC-00-00005
CYC -00-00005
CMC -00-00005
FPC -00-00005
HEC -00-00035
CRB-00-00019
CCB -O I �CO065
N/A
GCB -00-C 00 05
I 9CN-00-00005
9CC-00-CO005
OTC -00-00005
CYC -O l -00005
� CCB-oo-Coons
F CCB -04-00005
CCB -04 -COO 15 North
MGG -11-C0005.
i Includinp-
Page 2 of 3, Exhibit "A"
MGG -00 -CO 175
MGG-13-CO015
DC2-00-CO065
ARS-00-CO065
ARN-00-CO065
FKC-00-CO 185
MJC-00-CO065
CYC -00-00065
EMC-00-CO075
FPC-00-CO065
HEC -00-00147
CRB-00-0O215
CCB -01-00005
N/A
.GCB -00-00035
9CN-00-Co 115
9CC-00-CO045
6TC-00-00005
CYC -O I -00005
CCB -00 -Co 105
CCB -04-00005
from CCB -04-00005
MGG- I 1-00015
MJC-03-00005
SUMMARY OF DRAINAGE STRUCTURES
Page 3 of 3, Exhibit "A
CANALS Ar'D WATER CONTRO�.- STRUCTURES
WATER CONTROL STRUCTURE
PRIMARY CANAL -—•--•_—.._
Lis
=9-9
' FtI-1
SR29-3
i � sRas-2
S sRzs -1
41 T
4AIsaAl® TR
EXHIBIT 'B' T t 6 4
FU -7
I F"--6 CR 858
CDCMATCHM CANAL y=j W
U
I
GG -3
< y�
F-73-3
I
3
m C
ti
~ cs ^01
I
I-75-2 a-: GULM GATE
I
`
GREEN C-1 CANL
4 -'FU -4
GG -3
-75-1
I
j - I-75 (ALLIGATOR AU
• 11IIJ.ER-2
FU -3
L.= LAKE
c
I
ul -as-
,6'•
22 C&-1- yam• o•,
I FtF-2
1�1.FR-1
ME MT -1 PRAVM
I i i
I I I
L ----J J
WATER CONTROL STRUCTURE
PRIMARY CANAL -—•--•_—.._
Lis
=9-9
' FtI-1
SR29-3
i � sRas-2
S sRzs -1
41 T
4AIsaAl® TR
EXHIBIT 'B' T t 6 4
AMENDMENT TO
COOOPERATIVE AGREEMENT (C-11759) BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY, FLORIDA
THIS AMENDMENT ("Amendment'), is entered into as of the /Q day of , 2011 by and between
SOUTH FLORIDA WATER MANAGEMENT DISTRICT (hereinafter referred to as "DISTRICT"), COLLIER
COUNTY, FLORIDA a political subdivision of the State of Florida (hereinafter referred to as "COUNTY").
WITNESSETH:
WHEREAS, DISTRICT and COUNTY entered into a certain Cooperative Agreement (the "Agreement') dated
October 13, 2000, designated by the District as Contract C-11759, and commonly known as the Assignment and Assumption
Agreement; and
WHEREAS, DISTRICT and COUNTY desire to prevent the Agreement from lapsing and terminating, in accordance
with paragraph 1 of the Agreement, on February 28, 2011; and
WHEREAS, the defined terms in this Amendment shall have the same definitions as defined in the Agreement;
NOW THEREFORE for good and valuable consideration, the adequacy and receipt of which are hereby
acknowledged, DISTRICT and COUNTY and hereby amend the Agreement to extend the Closing Date as follows:
The foregoing recitals are true and correct and are hereby incorporated herein by reference.
2. The termination date of the Agreement set forth in paragraph 1 of the Agreement is hereby extended fi•om
February 28, 2011 to May 31, 2011.
The Agreement, except as herein modified and amended, shall continue in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their seals as of the date and year first
above written.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS
ATTYST: GOVERNING BOARD
�� ={ By:
(Seal)
Aa
v�•sr�.- Executed by DISTRICT on:A/hU�
ilied
ATTEST: f�y��,pQ� �rjL'�`` COLLIE UNT , FLORID
Its 1
f6`TE�RiXk, Executed by COUNTY on:
7
(Seal)
H
SECOND AMENDMENT TO
COOPERATIVE AGREEMENT (C-11759) BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY, FLORIDA
THIS AMENDMENT ("Amendment"), is entered into as of the day of
n 2011 by and between SOUTH FLORIDA WATER MANAGEMENT
DISTRIG (hereinafter referred to as "DISTRICT"), COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida (hereinafter referred to as "COUNTY").
WITNESSETH:
WHEREAS, DISTRICT and COUNTY entered into a certain Cooperative
Agreement (the "Agreement") dated October 13, 2000, designated by the District as
Contract C-11759, and commonly known as the Assignment and Assumption
Agreement; and
WHEREAS, DISTRICT and COUNTY previously agreed to prevent the
Agreement from lapsing and terminating, in accordance with paragraph 1 of the
Agreement, by agreeing to an extension of the termination date set forth in Agreement
from February 28, 2011 to May 31, 2011; and
WHEREAS, the DISTRICT and COUNTY desire to further extend the termination
date of the Agreement to from May 31, 2011 to September 30, 2012, subject to the
terms of this Second Amendment to the Agreement; and
WHEREAS, the defined terms in this Amendment shall have the same definitions
as defined in the Agreement;
NOW THEREFORE for good and valuable consideration, the adequacy and
receipt of which are hereby acknowledged, DISTRICT and COUNTY hereby agree and
amend the Agreement as follows:
1. The foregoing recitals are true and correct and are hereby incorporated
herein by reference.
2. The termination date of the Agreement set forth in paragraph 1 of the
Cooperative Agreement (C-11759), and paragraph 2 of the First Amendment to
Cooperative Agreement (C-11759), is hereby extended to September 30, 2012.
3. The DISTRICT and the COUNTY may by mutual consent renew the
Agreement for a period of an additional four years.
4. During the term of the Cooperative Agreement, DISTRICT and COUNTY
shall work together to resolve existing issues with the goal of reaching a long term
cooperative agreement.
5. Each party shall provide notice of its intent to renew or not renew the
Agreement to the other party by July 1, 2012.
6. In the event either party decides not to renew the agreement pursuant to
paragraph 5 above, DISTRICT agrees to assist COUNTY to transition into the operation
and maintenance of the watercourses which are the subject of the Agreement.
7. The Agreement, except as herein modified and amended, shall continue in
full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their
seals as of the date and year first above written.
ATTEST:
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SOUTH FLORIDA WATER MANAGEMENT
DISTRICT BY ITS GOVERNING BOARD
by DISTRICT on: 6 1 ?//J
COLLIER COUNTY, FLORIDA
Its
Executed by COUNTY on: 10 ,-qC t j
Receipt# 007223080
2/15/2012 8:29:50 AM
t o :.,, Dwight E. Brock
1 Clerk of the Circuit Court
Iri
Customer Deputy Clerk Clerk Office Location
INTEROFFICE Katrish A Pugh Collier County Govt. Center
CLERK TO THE BOARD Katrish.Pugh @CollierClerk.com Building LA, 2nd Floor
3299 TAMIAMI TRL E STE 401 (239) 252 -7242 3315 Tamiami Trl E Ste 102
NAPLES, FL 34112 Naples, Florida 34112 -4901
1 Document Recorded
DOC TYPE INSTRUMENT BOOK PAGE AMOUNT
Amendment 4658118 4765 77 $180.00
TOTAL AMOUNT DUE $180.00
Clerk Account #: BCC ($180.00)
BALANCE DUE $0.00
Note:
2/15/2012 8:29:50 AM Katrish A Pugh: Recording requested by Teresa Polaski /Mins & Recs. Charge BCC Acct #325-
172940- 51144.
Disclaimer: All transactions are subject to review /verification. The Clerk reserves the right to correct for clerical errors and to
assess or refund charges as needed.
Page 1 of 1
THIRD AMENDMENT TO
COOPERATIVE AGREEMENT (C- 11759) BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY, FLORIDA
THIS THIRD AMENDMENT TO COOPERATIVE AGREEMENT (C- 11759) BETWEEN
THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND COLLIER COUNTY, FLORIDA ( "Third Amendment "), is entered into as of the
day of ' ! , 2012 by and between SOUTH FLORIDA WATER
MANAGEMENT DI TRICT, a government entity created by Chapter 373, Florida
Statutes (hereinafter referred to as "DISTRICT "), and COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida (hereinafter referred to as "COUNTY ").
WITNESSETH:
WHEREAS, DISTRICT and COUNTY entered into a certain Cooperative
Agreement dated October 13, 2000, designated by the District as Contract C -11759 (the
Original Agreement ");
WHEREAS, pursuant to that certain First Amendment to Cooperative Agreement
C- 11759) Between the South Florida Water Management District and Collier County
Florida dated February 10, 2011 ( "First Amendment "), DISTRICT and COUNTY agreed
to prevent the Original Agreement from lapsing and terminating, in accordance with
paragraph 1 of the Agreement, by agreeing to an extension of the termination date set
forth in the Original Agreement from February 28, 2011 to May 31, 2011;
WHEREAS, pursuant to that certain Second Amendment to Cooperative
Agreement (C- 11759) Between the South Florida Water Management District and
Collier County Florida dated May 10th 2011 ( "Second Amendment "), DISTRICT and
COUNTY further extended the termination date of the Agreement from May 31, 2011 to
September 30, 2012 (the Original Agreement as modified, amended and extended by
the First Amendment and the Second Amendment is herein referred to as the
Agreement');
WHEREAS, DISTRICT and COUNTY desire to further extend the termination
date of the Agreement from September 30, 2012 to September 30, 2024, and to modify
the provisions relating to termination;
WHEREA, DISTRICT and COUNTY desire to modify and amend the Agreement
to provide specific special terms, conditions and provisions with respect to the C -1
Connector Canal Right of Way, portions of the Golden Gate Main Canal Right of Way
and portions of the Miller Canal Right of Way; and
WHEREAS, the defined terms in this Third Amendment shall have the same
definitions as defined in the Agreement;
INSTR 4658118 OR 4765 PG 77
RECORDED 2/15/2012 8:29 AM PAGES 21
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $180.00
NOW THEREFORE for good and valuable consideration, the adequacy and
receipt of which are hereby acknowledged, DISTRICT and COUNTY hereby agree to
modify, amend and extend the Agreement as follows:
1. The foregoing recitals are true and correct and are hereby incorporated
herein by reference.
2. Paragraph 1 of the Agreement is hereby modified, amended and replaced
with the following:
1. Unless extended or earlier terminated, this AGREEMENT
shall continue until September 30, 2024, and may be renewed upon
mutual agreement of the parties. Each party shall provide notice of
its intent to renew or not renew this AGREEMENT to the other
party on or before September 1, 2023. In the event that the parties
do not mutually agree to an extended renewal period, this
AGREEMENT shall automatically lapse, terminate, and expire on
September 30, 2024. Subject to the terms, conditions and
provisions of this AGREEMENT the DISTRICT shall be the public
agency in Collier County, Florida generally responsible for the
control, operation and maintenance of the watercourses listed in
Exhibit "A ", and depicted on Exhibit "B ", both of which are attached
hereto and made a part of this AGREEMENT, (except as set forth
in paragraph 3 of this Third Amendment). In the event either party
decides not to renew this AGREEMENT, DISTRICT agrees to
assist COUNTY to transition into the operation and maintenance of
the watercourses which are the subject of the AGREEMENT.
3. Notwithstanding anything contained in the Agreement, or this Third
Amendment to the contrary, DISTRICT and COUNTY hereby agree to the following
specific special terms, conditions, and provisions applicable to the C -1 Connector Canal
Right of Way, portions of the Golden Gate Main Canal Right of Way and portions of the
Miller Canal Right of Way:
a. C -1 Connector Canal Right of Way. A strip of land in Sections 11 and
12, Township 49 South, Range 27 East, Collier County, Florida, generally
depicted on Schedule 1" attached hereto and made a part hereof, and more
particularly described as follows:
All that drainage easement, 60 feet in width, commonly referred to
as "C -1 Connector Canal Right of Way ", lying along the South lines
of Golden Gate Estates Unit No. 48, Plat Book 5, Page 78 and
Golden Gate Estates, Unit No. 51, Plat Book 5, Page 84. All plats
recorded in Collier County, Florida, Public Records. (Hereinafter
referred to as the "C -1 Connector Canal Right of Way ").
1) DISTRICT hereby transfers all of its right, title, interest and
control in the C -1 Connector Canal Right of Way to COUNTY.
2) The DISTRICT will "Un- adopt" the C -1 Connector Canal Right of
Way as a "Work of the District ", upon which the C -1 Connector Canal Right of
Way shall no longer be subject to the provisions of Chapter 40E -6 of the Florida
Administrative Code, and the DISTRICT shall no longer have jurisdictional
authority over permitting and authorizing uses of the C -1 Connector Canal Right
of Way.
3) Upon passing a resolution "Un- adopting" the C -1 Connector
Canal Right of Way as a "Work of the District ", DISTRICT Right of Way Permit
No. 10267 in favor of the School District of Collier County concerning a culvert
bridge crossing across the CA Connector Canal Right of Way shall be void and
have no further force or effect. In addition, the culvert bridge crossings across
the C-1 Connector Canal Right of Way located at the southern terminus of 10tH
18tH 20tH and 22 "d Streets Southeast shall be considered pre- existing non-
conforming structures and shall be allowed to remain in their current location and
condition until such time that: (a) the affected property owners desire to upgrade
the crossing(s), or (b) the condition of the crossing(s) deteriorates to an
unacceptable level as determined by the COUNTY and requires replacement.
Upon the occurrence of either condition (a) or condition (b) referenced in the
preceding sentence, the modification, replacement and /or reconstruction shall
conform to the COUNTY's Right of Way permitting criteria applicable at the time
of such modification, replacement and /or reconstruction, and shall accommodate
a flowage capacity of at least 250 cfs.
4) COUNTY shall have full authority, control and jurisdiction with
respect to authorizing uses with respect to the C -1 Connector Canal Right of
Way, including but not limited to authorizing vehicular crossings and authorizing
vehicular use of the overbank areas. COUNTY agrees that it will not authorize
any new uses with respect to the C -1 Connector Canal Right of Way which do
not accommodate a flowage capacity of at least 250 cfs. COUNTY agrees to
notify the DISTRICT of all uses authorized by the COUNTY with respect to the C-
1 Connector Canal Right of Way.
5) With respect to the C -1 Connector Canal, the DISTRICT agrees
to continue to provide: (i) aquatic plant control, (ii) maintenance shoal removal,
and (iii) canal side bank maintenance (if operation of the system is impaired), to
the extent the performance of such maintenance is reasonably practical and
does not conflict with uses authorized by the COUNTY. The COUNTY shall be
responsible for removing flow obstructions not authorized by the COUNTY.
6) The DISTRICT agrees to notify the COUNTY of any uses or
flow obstructions with respect to the C -1 Connector Canal Right of Way which
impede the DISTRICT'S ability to perform the maintenance referenced in the first
sentence of subparagraph (5) above or which is inconsistent with the flowage
capacity criteria specified in subparagraphs (3) and (4) above.
7) In order to perform the maintenance activities referenced in
subparagraph (5) above, the DISTRICT shall have the right of access, ingress
and egress with respect to the C -1 Connector Canal Right of Way.
b. Portion of Golden Gate Main Canal Right of Way. A strip of land in
Sections 10 and 11, Township 49 South, Range 27 East, Collier County, Florida,
generally depicted on Schedule 1" attached hereto and made a part hereof, and
more particularly described as follows:
All that part of a drainage easement, 140 feet in width commonly
referred to as "Golden Gate Main Canal
Right of Way ", lying North of the South line of Golden Gate Estates
Unit 13, Plat Book 7, Page 72, Collier County Florida Public
Records and South of the South top of bank of said Golden Gate
Main Canal. (Hereinafter referred to as the "Golden Gate Main
South Overbank").
1) DISTRICT hereby transfers all of its right, title, interest and
control in the Golden Gate Main South Overbank to COUNTY.
2) The DISTRICT will "Un- adopt" the Golden Gate Main South
Overbank as a "Work of the District ", upon which the Golden Gate Main South
Overbank shall no longer be subject to the provisions of Chapter 40E -6 of the
Florida Administrative Code, and the DISTRICT shall no longer have
jurisdictional authority over permitting and authorizing uses of the Golden Gate
Main South Overbank.
3) COUNTY shall have full authority, control and jurisdiction with
respect to authorizing uses with respect to the Golden Gate Main South
Overbank, including but not limited to authorizing vehicular use of the Golden
Gate Main South Overbank.
4) DISTRICT shall have no maintenance obligations with respect
to the Golden Gate Main South Overbank.
5) DISTRICT shall have the right of access, ingress and egress
with respect to the Golden Gate Main South Overbank.
c. Portion of Miller Canal Right of Way. A strip of land in Section 12,
Township 49 South, Range 27 East and Sections 7, 18, 19 and 30 Township 49
South, Range 28 East, Collier County, Florida, generally depicted on Schedule
1" attached hereto and made a part hereof, and more particularly described as
follows:
All that part of a drainage easement 95 feet in width, commonly
referred to as "Miller Canal Right of Way ", lying North of the South
lines of Golden Gate Estates, Unit 51, Plat Book 5, Page 84 and
Golden Gate Estates, Unit 82, Plat Book 5, Page 21 and South of
the South top of bank of said Miller Canal.
Together With;
All that part of said drainage easement lying East of the West lines
of said Golden Gate Estates, Unit No.82, Golden Gates Estates,
Unit No. 87, Plat Book 5, Page 26, and Golden Gate Estates, Unit
No. 88, Plat Book 5, Page 27and West of the West top of bank of
said Miller Canal and North of the South line of 28th Avenue SE. All
plats recorded in Collier County, Florida, Public Records.
Hereinafter referred to as the "Miller Canal South/West
Overbank").
1) DISTRICT hereby transfers all of its right, title, interest and
control in the Miller Canal South/West Overbank to COUNTY.
2) The DISTRICT will "Un- adopt" the Miller Canal South/West
Overbank as a "Work of the District ", upon which the Miller Canal South/West
Overbank shall no longer be subject to the provisions of Chapter 40E -6 of the
Florida Administrative Code, and the DISTRICT shall no longer have
jurisdictional authority over permitting and authorizing uses of the Miller Canal
South/West Overbank.
3) COUNTY shall have full authority, control and jurisdiction with
respect to authorizing uses with respect to the Miller Canal South/West
Overbank, including but not limited to authorizing vehicular use of the Miller
Canal South/West Overbank.
4) DISTRICT shall have no maintenance obligations with respect
to the Miller Canal South/West Overbank.
5) DISTRICT shall have the right of access, ingress and egress
with respect to the Miller Canal South/West Overbank.
4. The following provision is hereby added as paragraph 29. to the
Agreement:
29. Notwithstanding anything to the contrary, either party to this
Agreement shall have the right to terminate this Agreement for any reason
and upon such termination, all right, title, interest, control, operation and
maintenance of the watercourses /canal rights of way, together with all
structures, as set forth in Exhibit "A" to this Agreement, and as modified by
any supplement thereto ( "Works and Structures "), shall be relinquished
and transferred to the County. The party exercising the termination option
shall give to the other party written notice that the Works and Structures
are to be transferred to the County. In order to coincide with the budget
year, unless otherwise agreed to, final transfer and termination of this
Agreement shall be effective the second October 1St following receipt of
the notice of termination. In the event of such termination, both parties
shall be relieved of any and all future obligations under this Agreement as
of the effective date of the termination, including but not limited to, lost
revenues and consequential damages.
5. The Agreement, as modified, amended and extended by this Third
Amendment is hereby ratified, confirmed and shall continue in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their
seals as of the date and year first above written.
ATTEST:
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SEAL
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A o rm and legal sufficiency:
Jeffre . `latzkow
County ttorney
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