Agenda 09/08/2015 Item #16A51
EXECUTIVE SUMMARY
Recommendation to approve the fourth amendment to the cooperative agreement with the South
Florida Water Management District, Agreement No. C-11759, regarding operation and
maintenance of designated primary watercourses in Collier County and to approve the granting of
an easement for the transfer of operational control and maintenance of a portion of the
Cocohatchee Canal to be relocated and a portion of the CR 951 Canal to be extended.
OBJECTIVE: To amend the cooperative agreement between Collier County and the South Florida
Water Management District (SFWMD) to include a portion of the Cocohatchee Canal to be relocated and
a portion of the CR 951 Canal to be extended.
CONSIDERATIONS: Operation and maintenance responsibilities of certain primary watercourses in
Collier County were assumed by the South Florida Water Management District (SFWMD) approximately
twenty-two years ago. The mechanism for assignment of this responsibility has been guided by two
consecutive ten-year cooperative agreements. Prior to these two agreements, during the transition
period, the District paid Collier County to maintain certain canals identified as "Works of the Basin."
The agreements have provided for applicable terms and conditions enabling the South Florida Water
Management District to perform continued operation and maintenance of the primary canal system for
effective management of the water resources of Collier County. The primary system includes 162 miles
of canals and 46 water control structures.
The second ten-year agreement (Agreement No. C-11759), as thrice amended, was entered into on
October 13, 2000 and is due to expire on September 30, 2024. At grade roadway improvements at the
intersection of Immokalee Road and CR 951 require that the centerline of a portion of the Cocohatchee
Canal be shifted approximately as far as 150 feet north, and a portion of the CR 951 Canal be extended
approximately 150 feet northerly. The attached fourth amendment to the cooperative agreement and the
attached easement are necessary to assign operational control and maintenance of these relocated and
extended canal segments to the District, and to transfer back to the County the area no longer used for the
Cocohatchee Canal after its relocation.
FISCAL IMPACT: Funds in the amount of approximately $69.50 will be paid from Project Immokalee
Road/CR 951 Broken Back Intersection Project No.60132 for recording fees. Source of funds is Gas Tax.
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: Updating the cooperative agreement between Collier County
and the South Florida Water Management District and providing for continued obligations and
responsibilities regarding operation and maintenance of designated primary watercourses in Collier
County is in accordance with the goals and objectives of the Drainage Sub-element of the Growth
Management Plan
RECOMMENDATION: That the Board of County Commissioners: approve the attached fourth
amendment to Agreement No. C-11759 between Collier County and the South Florida Water
Management District and the attached Grant of Easement, and authorize the Chairman to execute both
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documents on the Board’s behalf; authorize the payment of recording fees, and direct the County
Manager or his designee to record the executed Grant of Easement in the public records of Collier
County, Florida.
Prepared by: Robert Bosch, Asst. Manager, ROW Acquisitions, Transportation Engineering.
Attachments: 1) Fourth Amendment to Agreement No. C-11759; 2) Grant of Easement; 3) Agreement
No. C-11759 with Exhibits “A” and “B”; 4) First Amendment; 5) Second Amendment; 6) Third
Amendment; and 7) Location Map.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.51.
Item Summary: Recommendation to approve the fourth amendment to the cooperative
agreement with the South Florida Water Management District, Agreement No. C-11759,
regarding operation and maintenance of designated primary watercourses in Collier County and
to approve the granting of an easement for the transfer of operational control and
maintenance of a portion of the Cocohatchee Canal to be relocated and a portion of the CR 951
Canal to be extended.
Meeting Date: 9/8/2015
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
8/28/2015 10:24:17 AM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
8/28/2015 10:24:18 AM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/28/2015 10:58:31 AM
Name: WilkisonDavid
Title: Department Head- Growth Management Dept, Growth Management Department
Date: 8/28/2015 1:50:59 PM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 8/28/2015 2:57:51 PM
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Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 8/31/2015 10:26:23 AM
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GRANT OF EASEMENT
THIS GRANT OF EASEMENT (hereinafter referred to as the "Easement") is made
and entered into on this _____ day of _______________, 2015, by and between the
SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a government entity created by
Chapter 373, Florida Statutes (hereinafter referred to as the “District”), and COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299
Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112
(hereinafter referred to as "County").
WHEREAS, County and District are parties to a cooperative agreement governing
the operational control and maintenance of various watercourses and water control
structures in Collier County dated October 13, 2000 (“Original Cooperative Agreement”);
as amended by that certain First Amendment to Cooperative Agreement dated Feb. 10,
2011 (“First Amendment”); as amended by that certain Second Amendment to Cooperative
Agreement dated May 10, 2011 (“Second Amendment”); as amended by that certain Third
Amendment to Cooperative Agreement dated Feb. 9, 2012 (“Third Amendment”); and as
further amended by that certain Fourth Amendment to the Cooperative Agreement dated
____________________; the Original Cooperative Agreement, as amended by the First
Amendment, the Second Amendment, the Third Amendment and the Fourth Amendment
is hereinafter referred to as the “Cooperative Agreement”; and
WHEREAS, a portion of the watercourses covered under the Cooperative Agreement
known as the Cocohatchee Canal and the CR 951 Canal have been relocated; and
WHEREAS, the parties desire to submit the relocated canal sections to the control of
the Cooperative Agreement.
NOW THEREFORE, in consideration of these premises, 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:
1. RECITALS - All of the above recitals are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits referenced
herein are made a part of this Easement.
2. EASEMENT – County hereby conveys unto the District an easement for the duration
of the Cooperative Agreement across that certain real property described in Exhibit
“A” (attached hereto and made a part hereof). The purpose of this Easement shall be
for the transfer of operational control and maintenance of the watercourse(s) and
water control structure(s) located on said real property in accordance with the terms,
conditions and provisions of the Cooperative Agreement.
3. PRIOR CANAL LOCATIONS – As contemplated under the Cooperative Agreement,
any right, title or interest of the District in the real property described on Exhibit “B”
attached hereto and made a part hereof reverts back to County as there are no
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longer any watercourses located therein for which the District has any responsibilities
under the Cooperative Agreement.
4. ENTIRE AGREEMENT - This Easement, including all exhibits attached hereto, shall
constitute the entire agreement and understanding of the parties as to the real
property described in Exhibit “A” and, except for the Cooperative Agreement, there
are no other prior or contemporaneous written or oral agreements, undertakings,
promises, warranties, or covenants not contained herein. No modification,
amendment or cancellation of this Easement shall be of any force or effect unless
made in writing and executed and dated by both County and District.
5. SEVERABILITY - Should any part of this Easement be found to be invalid, then such
invalid part shall be severed from the Easement, and the remaining provisions of this
Easement shall remain in full force and effect and not be affected by such invalidity.
6. VENUE - This Easement is governed and construed in accordance with the laws of
the State of Florida.
IN WITNESS WHEREOF, the County has executed this Easement on the date first
above written.
AS TO COUNTY:
DATED:_______________
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
________________________ BY:______________________________
, Deputy Clerk TIM NANCE, Chairman
Approved as to form and legality:
Jeffrey A. Klatzkow
County Attorney
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SKETCH AND DESCRIPTION
PARCEL OF LAND
LYING IN SECTIONS 22 & 23, TOWNSHIP 48 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
DESCRIPTION
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THIRD AMENDMENT TO 16K2
COOPERATIVE AGREEMENT (C- 11759) BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY, FLORIDA
THIS THIRD AMENDMENT TO COOPERATIVE AGREEMENT (C- 11759) BETWEENTHESOUTHFLORIDAWATERMANAGEMENTDISTRICTANDCOLLIERCOUNTY, FLORIDA ("Third Amendment'), is entered into as of thedayof — , 2012 by and between SOUTH FLORIDA WATERMANAGEMENTDISTRICT, a government entity created by Chapter 373, FloridaStatutes (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 (theOriginalAgreement ");
WHEREAS, pursuant to that certain First Amendment to Cooperative Agreement
C- 11759) Between the South Florida Water Management District and Collier CountyFloridadatedFebruary10, 2011 ( "First Amendment "), DISTRICT and COUNTY agreedtopreventtheOriginalAgreementfromlapsingandterminating, 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 CooperativeAgreement (C- 11759) Between the South Florida Water Management District andCollierCountyFloridadatedMay10t" 2011 ( "Second Amendment"), DISTRICT and
COUNTY further extended the termination date of the Agreement from May 31, 2011 toSeptember30, 2012 (the Original Agreement as modified, amended and extended bytheFirstAmendmentandtheSecondAmendmentishereinreferredtoastheAgreement");
WHEREAS, DISTRICT and COUNTY desire to further extend the termination
date of the Agreement from September 30, 2012 to September 30, 2024, and to modifytheprovisionsrelatingtotermination;
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 WayandportionsoftheMillerCanalRightofWay; and
WHEREAS, the defined terms in this Third Amendment shall have the samedefinitionsasdefinedintheAgreement;
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NOW THEREFORE for good and valuable consideration, the adequacy andreceiptofwhichareherebyacknowledged, DISTRICT and COUNTY hereby agree tomodify, amend and extend the Agreement as follows:
I. The foregoing recitals are true and correct and are hereby incorporatedhereinbyreference.
2. Paragraph 1. -of the Agreement is hereby modified, amended and replacedwiththefollowing:
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 onSeptember30, 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 ", "arid depicted on" Exhibit "B ";-.both of which are attached
hereto and =made a part of this AGREEMENT, . (except as set forthinparagraph. 3 of this- Third Amendment).:. In the event either partydecidesnottorenewthisAGREEMENT; '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 ThirdAmendmenttothecontrary, DISTRICT and COUNTY hereby agree to the followingspecificspecialterms, conditions, and provisions applicable to the C -1 Connector CanalRightofWay, portions of the Golden Gate Main Canal Right of Way and portions of theMillerCanalRightofWay:
a. C -1 Connector Canal Right of Way.. A strip of land in Sections 11 and12, Township 49 South, Range 27 East, Collier County, Florida, generallydepictedonSchedule "1" attached hereto and made a part hereof, and moreparticularlydescribedasfollows:
All that drainage easement, 60 feet in width, commonly referred toas "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 ").
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1) DISTRICT hereby transfers all of its right, title, interest andcontrolintheC -1 Connector Canal Right of Way to COUNTY.
2) The DISTRICT will "Un- adopt" the C -1 Connector Canal Right ofWayasa "Work of the District ", upon which the C -1 Connector Canal Right ofWayshallnolongerbesubjecttotheprovisionsofChapter40E-6 of the FloridaAdministrativeCode, and the DISTRICT shall no longer have jurisdictional
authority over permitting and authorizing -uses of the C -1 Connector Canal RightofWay.
3) Upon passing a resolution- 'Un- adopting" the C-1 ConnectorCanalRightofWayas' a "Work of the' District", DISTRICT Right of Way PermitNo. 10267 in favor of the School District of'Collier County concerning a culvertbridgecrossingacross-the CA Connector Canal Right of Way shall be void andhavenofurtherforceoreffect. In addition, the culvert bridge crossings acrossthe -1
tConnectoranal Right of Way located at the southern terminus of 10th, 18 , 201h, and 22nd Streets Southeast shall be considered pre - existing non- conforming structures and shall be allowed to.remain in their current location andconditionuntilsuchtimethat; (a) the affected property owners desire to upgradethecrossing(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 coriditibrr(a). or' condition (b) referenced in the..
preceding sentence; the. modification;' 'replaienaent 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 accommodateaflowagecapacityofatleast250cfs.
4) COUNTY shall have full authority, control and jurisdiction withrespecttoauthorizinguseswithrespecttotheC -1 Connector Canal Right ofWay, including but not limited to authorizing vehicular crossings and authorizingvehicularuseoftheoverbankareas. COUNTY agrees that it will not authorize
any new uses with respect to the C -1 Connector Canal Right of Way which donotaccommodateaflowagecapacityofatleast250cfs. 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 agreestocontinuetoprovide: (i) aquatic plant control, (i) maintenance shoal removal, and (iii) canal side bank maintenance (if operation of the system is impaired), totheextenttheperformanceofsuchmaintenanceisreasonablypracticalanddoesnotconflictwithusesauthorizedbytheCOUNTY. The COUNTY shall beresponsibleforremovingflowobstructionsnotauthorizedbytheCOUNTY.
The DISTRICT
flow obstructions with eespect o
the
t notify
eC 1 ConnectoreCanal Right of
any uses or
g Way which
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impede the DISTRICTS abilityty to perform the maintenance referenced in the first
6 K
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 inSections10and11, Township 49 South, Range 27 East, Collier County, Florida;
generally depicted on Schedule "1" attached hereto and made a part hereof, andmore: 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 Wav' Iving North of the South line of Golden Gate EstatesUnit13, 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 SouthOverbankas'-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 GateMainSouthOverbank.
3) COUNTY shall have full authority, control and jurisdiction with
respect to authorizing uses with respect to the Golden Gate Main SouthOverbank, including but not limited to authorizing vehicular use of the GoldenGateMainSouthOverbank.
4) DISTRICT shall have no maintenance obligations with respecttotheGoldenGateMainSouthOverbank.
5) DISTRICT shall have the right of access, ingress and egresswithrespecttotheGoldenGateMainSouthOverbank.
c. Portion of Miller Canal Rlght of Way. A strip of land in Section 12,
Township 49 South, Range 27 East and Sections 7, 18, 19 and 30 Township 49South, Range 28 East, Collier County, Florida, generally depicted on Schedule
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1" attached hereto and made a part hereof, and more particularly described asfollows:
All that part of a drainage easement 95 feet in width, commonlyreferredtoas "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 28"' Avenue SE. All
plats. recorded in Collier County, Florida, Public Records.
Hereinafter referred to as the "Miller Canal South/WestOverbank').
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/WestOverbankas .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.-theFloridaAdministrative . Code, and the, DISTRICT shall no longer:.-have
jurisdictional authority over permitting and authorizing uses of the Miller CanalSouth/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 MillerCanalSouth/West Overbank.
4) DISTRICT shall have no maintenance obligations with respecttotheMillerCanalSouth/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 theAgreement:
29. Notwithstanding anything to the contrary, either party to thisAgreementshallhavetherighttoterminatethisAgreementforanyreason
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end upon such terminatil t.1 -Sh-tl -t e.,, Int6rnjuest. co'tfroi, : Operation andmainwatercourse -rights o' maintenance of the
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anal way, Idgeither with allstYFe*§,.Zs- set 'forth in a.- 'hibjj 01.
Is. grRIAN't - th" A" e& I m nth d. modified byonanas, an y'suppement hereto _0 rke and ' Sqru dtU 4e . relinquishednsrredj6j. -C,
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App 8 to form and jcpj sufficiency:
latzkow
Co.
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